(File)
(File)

(File) (File)

Privacy watchdog says RCMP’s use of facial-recognition tool broke law

Privacy commissioner issues report on the force’s information gathering from U.S. firm Clearview AI

The RCMP broke the law by using cutting-edge facial-recognition software to collect personal information, the federal privacy watchdog said Thursday in advocating national standards for police concerning the controversial technology.

In a report to Parliament, privacy commissioner Daniel Therrien said there were serious and systemic failings by the RCMP to ensure compliance with the Privacy Act before it gathered information from U.S. firm Clearview AI.

Clearview AI’s technology allows for the collection of huge numbers of images from various sources that can help police forces, financial institutions and other clients identify people.

In a related probe, Therrien and three provincial counterparts said in February that Clearview AI’s database amounted to mass surveillance of Canadians and violated federal and provincial laws governing personal information.

They said the New York-based company’s scraping of billions of images of people from across the internet was a clear violation of Canadians’ privacy rights.

Therrien announced last year that Clearview AI would stop offering its facial-recognition services in Canada in response to the privacy investigation. The move included suspension of the company’s contract with the RCMP.

The complainant who sparked the probe, New Democrat MP Charlie Angus, had expressed serious concerns about the RCMP’s use of Clearview.

The commissioner found that In the course of using paid and trial accounts, the RCMP uploaded images of individuals to Clearview, which then displayed a number of matching images. Along with each matched image, Clearview provided an associated hyperlink to the web page from which the image had been collected.

The commissioner said the RCMP accessed images of Canadians from Clearview AI in the course of its investigative work.

“We were also concerned that the RCMP at first erroneously told our office it was not using Clearview AI,” the report said.

When the Mounties later acknowledged its use, they said publicly it had only used the company’s technology in a limited way, primarily for identifying, locating and rescuing children who were victims of online sexual abuse.

“However, our investigation found the RCMP did not satisfactorily account for the vast majority of the searches it made,” the commissioner’s report said.

Used responsibly and in the right circumstances, facial-recognition technology has the potential to offer great benefits to society, it said.

“For instance, it can support national security objectives, assist police in solving crime or help authorities find missing persons.”

At the same time, facial recognition can be a highly invasive surveillance technology fraught with many risks, the report added.

“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.”

Canadians must be free to participate in the increasingly digital day-to-day activities of modern society without the risk of these activities being tracked and monitored, Therrien told a news conference.

While certain intrusions on this right can sometimes be justified, “individuals do not forgo their right to privacy merely by living and moving in the world in ways that may reveal their face to others, or that may enable their image to be captured on camera.”

The commissioner’s office said Thursday it remains concerned that the RCMP did not agree with the conclusion that it contravened the Privacy Act.

While the commissioner maintains the RCMP was required to ensure the Clearview AI database was compiled legally, the police force argued doing so would create an unreasonable obligation.

Therrien said this is the latest example of how public-private partnerships and contracting relationships involving digital technologies are creating new complexities and risks for privacy.

He encouraged Parliament to amend the Privacy Act to clarify that federal institutions have an obligation to ensure the organizations from which they collect personal information have acted lawfully.

In the end, the RCMP agreed to implement the privacy commissioner’s recommendations to improve its policies, systems and training, the watchdog said.

The measures include full privacy assessments of the data-collection practices of outside parties to ensure any personal information is gathered in keeping with Canadian privacy law.

The RCMP is also creating an oversight function to ensure new technologies are introduced in a manner that respects privacy, the commissioner said.

Implementing the changes will require broad and concerted efforts across the national police force, the report said.

In a statement, the RCMP acknowledged “there is always room for improvement and we continually seek opportunities to strengthen our policies, procedures and training.”

Therrien’s report also includes draft privacy guidance on facial recognition for police agencies. A joint initiative with his provincial and territorial counterparts, the guidance seeks to clarify police agencies’ privacy obligations relating to use of the technology.

The RCMP said there is a need for further engagement concerning not just facial recognition, but all biometric analysis that could be used to support criminal investigations.

“Technologies will continue to evolve rapidly, and with the prevalence of digital media, automated searching and comparison tools are likely to become increasingly useful and available to law enforcement agencies.”

—Jim Bronskill, The Canadian Press

RELATED: RCMP commits to changes on how it collects, uses information about protesters

Law EnforcementPrivacyRCMP

Just Posted

Alberta premier Jason Kenney announced the province's reopening plan late last month and moved into Stage 1 of that plan Tuesday. (photography by Chris Schwarz/Government of Alberta)
Travel prizes added to Alberta’s vaccine lottery

More than 40 travel rewards available for those who are fully vaccinated

Town of Castor
Town of Castor meeting highlights for June 14th

The Town has appointed a returning officer for this fall’s municipal elections

(Advocate file photo)
Red Deer down to 102 active COVID-19 cases

Central zone has 332 cases with 26 in hospital and five in ICU

Members of Castor Volunteer Fire Rescue were out about the town on June 8th doing Self Contained Breathing Apparatus training and contributing to the month-long ParticipACTION fitness challenge for the Paintearth Choosewell team, which currently sits in third place in the province. 
photo submitted
Members of Castor Volunteer Fire Rescue were out June 8th doing Self Contained Breathing Apparatus training

They were also contributing to the month-long ParticipACTION fitness challenge for the Paintearth Choosewell team

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Green party Leader Annamie Paul speaks during a news conference on Parliament Hill in Ottawa on Tuesday, June 15, 2021. Paul has survived another day of party strife after a planned ouster shifted course, leaving her with a tenuous grip on power ahead of a likely federal election this year. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul blasts ‘racist,’ ‘sexist’ party execs who sought ouster

Fallout has continued, with two of the federal council’s members resigning

Russian President Vladimir Putin, left, and U.S President Joe Biden shake hands during their meeting at the ‘Villa la Grange’ in Geneva, Switzerland in Geneva, Switzerland, Wednesday, June 16, 2021. (AP Photo/Alexander Zemlianichenko, Pool)
Biden says meeting with Putin not a ‘kumbaya moment’

But U.S. president asserted Russian leader is interested in improved relations, averting a Cold War

A nurse prepares a shot of the COVID-19 vaccine at the Yukon Convention Centre in Whitehorse on Wednesday, March 3, 2021. THE CANADIAN PRESS/Mike Thomas
Vancouver couple pleads guilty to breaking Yukon COVID rules, travelling for vaccine

Chief Judge Michael Cozens agreed with a joint sentencing submission,

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

COVID-related trash is washing up on shorelines across the world, including Coldstream’s Kal Beach, as pictured in this May 2021 photograph. (Jennifer Smith - Black Press)
Shoreline cleanup finds COVID-related trash increased during height of the pandemic

Great Canadian Shoreline Cleanup reports litter from single-use food packaging nearly doubled

Doctor David Vallejo and his fiancee Doctor Mavelin Bonilla hold photos of themselves working, as they kiss at their home in Quito, Ecuador, Wednesday, June 9, 2021. Doctor Vallejo and Doctor Bonilla suspended their wedding in order to tend to COVID-19 patients and in the process Vallejo got sick himself with the disease, ending up in an ICU for several days. (AP Photo/Dolores Ochoa)
Love, sacrifice and surviving COVID-19: one couple’s story

COVID hits Ecuadorian doctors who delayed wedding to treat sick

Three calves were recently shot dead in Lacombe County near Mirror. (Photo from Facebook)
Calves shot and left for dead in central Alberta

Bashaw RCMP investigating three shootings

Most Read