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AII-1002-54299
Under investigationA regulator, court or police has opened a formal inquiry and reached no finding yet.

Foodstuffs facial recognition trial misidentifies nine shoppers, two wrongly removed

An independent assessment of a six-month facial recognition trial in 25 New Zealand supermarkets found nine shoppers were misidentified by the system, and two were asked to leave stores as a result. One victim, Te-Ani Solomon, is pursuing a case at the Human Rights Review Tribunal alleging the technology was discriminatory.

February 2024 Β· Foodstuffs North Island Β· Discrimination and fairness
February 2024
AII-1002-542993 sources ↓
Quick facts
Category
Discrimination and fairness
Country
New Zealand
Source
RNZ
Date
February 2024
Drafted by
Raidu Incident Detection

What happened

Foodstuffs North Island conducted a six-month facial recognition trial in 25 New World and Pak'nSave stores from February 2024. Independent analytics firm Scarlatti found that nine shoppers were misidentified by the system, and in two cases the wrongly identified persons were asked to leave the store.

Te-Ani Solomon was misidentified and wrongly removed from a New World store in Rotorua in April 2024. She is pursuing a case at the Human Rights Review Tribunal claiming the technology was discriminatory.

Reported impact

Solomon said she felt powerless when staff approached her in front of her 13-year-old son, and she had to justify that she was not a thief. She said her son still does not fully understand what happened that night.

Solomon stated that 100 preventions for nine shoppers misidentified represented a high rate of harm, describing the results as "no success" for those affected.

Index analysis

The independent assessment found that all nine misidentification instances were attributable to human error in how staff verified and approached flagged individuals. Scarlatti concluded the misidentifications were outweighed by the benefits of the system, which prevented approximately 100 serious harm events including assaults, abuse and disorderly conduct.

Governance controls

Foodstuffs stated it had apologised to misidentified shoppers as soon as possible. The company said it implemented further training and changed verification processes as a result of the misidentifications.

Classification

Category
Discrimination and fairness
Industry
Consumer services
Country
New Zealand
Harm status
Actual harm
Intent
Unintentional
Timing
Post-deployment
Harm types
Human or fundamental rights, Reputational
Harmed
Consumers
Failure modes
Misidentification
Consequences
Litigation
AI systems
Foodstuffs facial recognition system

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

RNZ
Facial recognition technology reduces serious harm in supermarkets by 16% - study
5 December 2024
NZ Herald
Supermarket's facial recognition sparks fight after wrongful trespass
6 December 2024
rnz.co.nz
Foodstuffs facial recognition trial misidentifies nine shoppers, two wrongly removed