Question – National Driver Licence Facial Recognition System

Questions asked by the Hon Meg Webb MLC on 28 July 2021. Answered by the Hon Michael Ferguson  Minister for Infrastructure and Transport on 24 August 2021. 

QUESTION (1): In October 2020 in response to the Legislative Council e-Petition No. 33 Transfer of driver licence photos to National Driver Licence Facial Recognition Solution, and in relation to the Commonwealth legislation to support implementation of Face Matching Services, the Premier said that:

Until this has been passed and I receive advice that Tasmanian legislation fully supports the use for the purpose reflected in this bill, Tasmanian data that is currently in a segregated partition of the National Driver Licence Facial Recognition system will not be available for use by any other agency or jurisdiction. 

Is the Premier’s statement supported by any written assurance from those responsible for the National Driver Licence Facial Recognition system (NDLFRS) to the Tasmanian Government or elsewhere that Tasmanian data in the segregated partition will not be available for use by another agency or jurisdiction?

a) If yes, please provide a copy of that assurance.   b) If no, what is the basis for the Premier’s assurance?

ANSWER (1)     Commonwealth legislation has not yet been passed to enable the National Driver Licence Facial Recogition System.  Tasmania has not, and will not, enter into a Participant Access Arrangement with any agency for access to Tasmanian data until Commonwealth legislation has passed.

QUESTION (2):   The Premier also said that he understood, I quote:

The Australian Government is proposing to introduce legislation later this year, i.e, 2020, to support implementation of Face Matching Services. 

Is Tasmania continuing to provide Tasmanian drivers licence data to the NDLFRS despite the fact that no Commonwealth legislation has been passed?

ANSWER (2)     The provision of Tasmanian driver licence data has been temporarily paused due to system upgrades initiated by the Department of Home Affairs.  I am advised that this system upgrade is planned to be finalised by the end of September 2021.  The delay in the passing of Commonwealth legislation is deferring Tasmania’s access to improve identity protection from the rollout of the FMS.

QUESTION (3):  Has any Tasmanian drivers licence data been used in the ‘limited (low volume) trial’ of the Face Matching Service (FMS) by the New South Wales Police Force?

ANSWER (3) There has been no access provided to Tasmanian driver licence data.  In relation to the use of FMS, the New South Wales Police article referenced in this question confirms ‘specialist New South Wales PF officers have limited access to the FMS using facial images from Commonwealth agencies’.  For example, photographs of passport and visa holders issued by the Department of Foreign Affairs and Trade.

QUESTION (4):   Has any Tasmanian drivers licence data in the segregated partition of the NDLFRS been made available for use by another agency or jurisdiction since the Premier’s assurance?

ANSWER (4)     The Tasmanian driver’s licence data in the segregated partition of the NDLFRS has not been made available to any other agency or jurisdiction.

See more questions from Meg on Facial Recognition data security here