Some law enforcement agencies in Canada utilize facial recognition technology to aid in investigations, while others cite concerns about human rights and privacy as barriers to its adoption. The variation in the technology’s usage and the lack of clear guidelines have prompted legal and AI experts to urge the federal government to establish national standards.
Kristen Thomasen, a law professor at the University of British Columbia, recommends implementing a moratorium or restrictions on the technology’s usage until the associated risks are better understood. The existing patchwork of regulations on biometric technologies has led to discrepancies in the protection of citizens’ privacy rights.
Facial recognition systems utilize artificial intelligence to match images or videos of individuals’ faces, often obtained from security cameras, with images stored in databases. These technologies have sparked controversy within law enforcement circles.
In recent years, instances like the RCMP’s unauthorized use of facial recognition technology and Toronto police officers’ undisclosed use of similar software have raised privacy concerns. These technologies, provided by companies like Clearview AI, have been scrutinized for their data collection practices.
While some police departments in Ontario, such as York and Peel Police, have started implementing facial recognition technology from Idemia to expedite investigations, Montreal Police Chief Fady Dagher in Quebec emphasizes the need for thorough discussions on the technology’s implications before considering its adoption.
Despite assurances from law enforcement agencies about obtaining images lawfully and consulting privacy commissioners, concerns remain about the lack of judicial oversight in the use of facial recognition technology. Experts advocate for obtaining court approval, such as through warrants, to ensure the protection of privacy rights and other fundamental freedoms.
While the federal government lacks direct authority over provincial and municipal police forces, it can influence regulations by amending the Criminal Code to address the appropriate use of facial recognition technology. Calls have been made for the establishment of a legal framework to govern the technology’s deployment, including independent oversight and limitations on data retention.
The Economic Development Department suggests that existing laws, such as the Personal Information Protection and Electronic Documents Act (PIPEDA), could potentially regulate the collection of personal data by corporations, including facial recognition technology services.
Despite calls for enhanced governance and transparency in the procurement of facial recognition technology, some experts, like AI governance expert Ana Brandusescu, believe that law enforcement agencies have not sufficiently addressed these concerns or engaged with relevant stakeholders.