From June 2020 to August 2021, 7-Eleven conducted surveys that required customers to fill out information on tablets with built-in cameras. These tablets, which were installed in 700 stores, captured customers’ facial images at two points during the survey-taking process – when the individual first engaged with the tablet, and after they completed the survey.

The facial images were uploaded to the server as algorithmic representations, or “faceprints”, that were then compared with other faceprints to exclude responses that 7-Eleven believed may not be genuine. 7-Eleven also used the personal information to understand the demographic profile of customers who completed the survey

Falk said 7-Eleven did not provide any information about how customers’ facial images would be used or stored, which meant 7-Eleven did not receive any form of consent when it collected the images.

“While I accept that implementing systems to understand and improve customers’ experience is a legitimate function for 7-Eleven’s business, any benefits to the business in collecting this biometric information were not proportional to the impact on privacy.” As part of the determination, Falk has ordered for 7-Eleven to cease collecting facial images and faceprints as part of the customer feedback mechanism. 7-Eleven has also been ordered to destroy all the faceprints it collected.