Canadian privacy & access decisions

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.

• Whether 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.
• Whether a government institution can collect personal information from a third party that collected the information unlawfully.
• Whether the RCMP had adequate controls to prevent future similar contraventions when collecting novel personal information.
• Whether the RCMP had sufficient knowledge of its obligations under the Privacy Act and common law regarding personal information collection.
• Whether the RCMP had adequate awareness and tracking systems for novel personal information collections.
• Whether the RCMP had processes to identify potential compliance issues before undertaking novel collections.
• Whether the RCMP had processes to complete timely assessments (like PIAs) when warranted.
• Whether the RCMP had effective controls on collection, including policies and monitoring for unauthorized collections.
• Whether the RCMP's use of Clearview AI constituted a justifiable exercise of police powers under common law (Waterfield test).