AI Law - International Review of Artificial Intelligence Law
G. Giappichelli Editore

04/07/2024 - The Rise of Facial Recognition Technology in Canadian Law Enforcement (Canada)

argument: Notizie/News - Personal Data Protection Law

Based on an article  from CBC, facial recognition technology (FRT) has become increasingly prevalent among Canadian police forces, raising significant privacy and ethical concerns. The Royal Canadian Mounted Police (RCMP) has used multiple facial recognition tools beyond Clearview AI, such as Traffic Jam and Spotlight, aimed at combating human trafficking and child exploitation. Despite public backlash and privacy concerns, the RCMP has continued to explore these technologies.

FRT functions by detecting faces in images, creating digital faceprints, and comparing these to databases to identify or verify individuals. This process raises significant privacy issues, including potential misidentification, especially among racial and gender minorities. Privacy commissioners and civil liberties advocates emphasize the need for strict regulations to prevent misuse and protect individuals' rights. The Privacy Commissioner of Canada has highlighted the importance of accuracy, data minimization, accountability, and transparency in the deployment of FRT by police.

Various provincial authorities, including those in Ontario and British Columbia, have adopted FRT for identity verification in driver’s licenses and other documents. However, instances of misuse without warrants have been reported, underscoring the need for clear legal frameworks. Quebec remains the only province with specific legislation on biometrics, requiring organizations to notify and obtain approval from the Commission d’accès à l’information before deploying such technologies.

Internationally, some jurisdictions have outright banned the use of FRT by police, while others impose stringent restrictions. The European Commission, for example, limits its use to severe criminal cases, subject to judicial authorization. Canadian civil liberties groups advocate for similar legislative measures to ensure that the use of FRT does not infringe on fundamental privacy rights.