Just last month, I was invited before the House of Commons Standing Committee on Access to Information, Privacy and Ethics ( ETHI) to discuss privacy concerns related to the technology. We welcome the fact that Parliamentarians are currently seized with the issue of FRT. It will be important to have a public discussion on how this technology that is potentially useful, but also comes with significant risks, should be used.Īlong with an earlier investigation into Cadillac Fairview – a commercial real estate company that embedded cameras inside digital information kiosks at shopping malls to estimate the gender and age of shoppers, without their knowledge or consent – we hope our work contributes to the important conversations taking place regarding the regulation of potentially disruptive technologies such as FRT. We will be consulting with police forces and other stakeholders on the guidance in the weeks and months ahead. A joint initiative with our counterparts in each province and territory in Canada, the guidance seeks to clarify police agencies’ privacy obligations relating to the use of FRT, with a view to ensuring that any use of this technology complies with privacy laws, minimizes privacy risks and respects privacy rights. This Special Report to Parliament includes the findings of our investigation of the RCMP’s use of Clearview AI, a technology company that has offered services of FRT to law enforcement and some private organizations.Ĭlearview AI itself was the subject of a previous investigation by the OPC, the results of which were published in February 2021.Īlso included in this Special Report is draft privacy guidance on facial recognition for police agencies. The focus of this report, however, is on the application of privacy laws and best practices to the use of FRT by police. The deployment of FRT writ large is worthy of closer examination as to whether our laws adequately protect Canadians from potential misuses of the technology. The data involved in FRT speaks to the very core of individual identity and as both commercial and government use of the technology expands, it raises important questions about the kind of society we want to live in. ![]() Coupled with large data sources such as the Internet, government databanks or closed circuit television, it can be a powerful intelligence and tracking tool. Biometric facial data is unique to each individual, unlikely to vary significantly over time and it is difficult to change in its underlying features. Repositories of FRT data are also high value targets for malicious actors and must be safeguarded accordingly.įRT involves the collection and processing of very sensitive personal information. Studies have shown that it can provide racially biased results and, given the chilling effect it can have on certain activities, it has the potential to erode privacy and undermine freedoms and human rights such as free expression and peaceful assembly. The technology scales easily, costs relatively little to use, and can be deployed as an add-on to existing surveillance infrastructure, which might explain its growing appeal in Canada and abroad, particularly by police agencies.Īt the same time, facial recognition can be a highly invasive surveillance technology fraught with many risks. For instance, it can support national security objectives, assist police in solving crime or help authorities find missing persons. Used responsibly and in the right circumstances, it has the potential to offer great benefits to society. This tabling is done pursuant to section 39(1) of the Privacy Act.įacial Recognition Technology ( FRT) has emerged as a powerful tool of significant interest to both law enforcement and commercial entities. ![]() I have the honour to submit to Parliament the Special Report of the Office of the Privacy Commissioner of Canada entitled Police Use of Facial Recognition Technology in Canada and the Way Forward. © Her Majesty the Queen of Canada for the Office of the Privacy Office of the Privacy Commissioner of Canada Protection against unintended use or disclosureĭraft privacy guidance on facial recognition for police agencies Special report to Parliament on the OPC’s investigation into the RCMP’s use of Clearview AI and draft joint guidance for law enforcement agencies considering the use of facial recognition technology Issue: Appropriate corrective action is required by RCMP to develop controls to prevent future similar contraventions Issue: The collection from Clearview was not directly related to an operating program or activity Report of findings: Investigation into the RCMP’s collection of personal information from Clearview AI (involving facial recognition technology)
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