Police use of Facial Recognition Technology in Canada and the way forward
The Office of the Privacy Commissioner of Canada (OPC) investigated the Royal Canadian Mounted Police (RCMP)'s use of facial recognition technology from Clearview AI. The OPC found that the RCMP contravened Section 4 of the Privacy Act by collecting personal information from Clearview AI, as Clearview AI itself had collected this information unlawfully under PIPEDA and provincial privacy laws. The investigation revealed serious and systemic gaps in the RCMP's policies and systems for tracking, identifying, assessing, and controlling novel collections of personal information. Although the RCMP disagreed with the finding of contravention, it committed to implementing the OPC's recommendations for systemic changes, improved training, and robust controls. The OPC concluded that the matter was well-founded and conditionally resolved, pending the full implementation of these recommendations.
- 1Whether the RCMP's collection of personal information from Clearview AI was directly related to an operating program or activity under Section 4 of the Privacy Act.
- 2Whether a government institution can collect personal information from a third party that collected the information unlawfully.
- 3Whether the RCMP had adequate controls to prevent future similar contraventions when collecting novel personal information.
- 4Whether the RCMP had sufficient knowledge of its obligations under the Privacy Act and common law regarding personal information collection.
- 5Whether the RCMP had adequate awareness and tracking systems for novel personal information collections.
- 6Whether the RCMP had processes to identify potential compliance issues before undertaking novel collections.
- 7Whether the RCMP had processes to complete timely assessments (like PIAs) when warranted.
- 8Whether the RCMP had effective controls on collection, including policies and monitoring for unauthorized collections.
- 9Whether the RCMP's use of Clearview AI constituted a justifiable exercise of police powers under common law (Waterfield test).
- Collection of personal information: RCMP contravened Privacy Act s.4
- Systemic gaps in policies: Serious gaps identified in RCMP policies
- Recommendations for improvement: RCMP committed to implementing recommendations
- Resolution of complaint: Matter well-founded and conditionally resolved
Well-founded and conditionally resolved
The OPC found that the RCMP contravened Section 4 of the Privacy Act by collecting personal information that Clearview AI had obtained unlawfully. The RCMP also demonstrated systemic failings in its internal processes for managing novel personal information collections. However, the RCMP committed to implementing the OPC's recommendations for corrective action, leading to a conditional resolution.
The OPC recommended that the RCMP institute systemic measures, pertinent training, and clear controls to understand, track, identify, assess, and control novel collections of personal information, and the RCMP agreed to implement these recommendations.
- Section 4 of the Privacy Act
- Section 6(2) of the Privacy Act
- Section 8 of the Privacy Act
- Section 18 of the RCMP Act
- Section 14(1)(a) of the RCMP Regulations
- Section 8 of the Canadian Charter of Rights and Freedoms
- PIPEDA
This summary is informational only and not legal advice.
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