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Canada Dashboard Digest | Notes from the IAPP Canada Managing Director, Oct. 21, 2022 Related reading: Notes from the IAPP Canada Managing Director, Oct. 14, 2022

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Facial recognition is in the news again this week with the ruling out of France where the data protection authority fined Clearview AI 20 million euros. Of course, the Canadian authorities also admonished Clearview a few months ago, though the penalty for noncompliance with Canadian privacy laws was not as dire as the fine levied in the EU.

The case gives me a segue to mention a statement by the Federal Privacy Commissioner’s Office a couple of weeks ago that acknowledged and commended a report by the Standing Committee on Access to Information, Privacy and Ethics following its study on the use and impact of facial recognition technology.

The ETHI report is comprehensive, and I encourage you to at least skim it because it touches on how Canada is ill-equipped to deal with some of the emerging technologies that were once only part of science fiction. For sure, these technologies can be used for good and ethical purposes, but the other side of the coin is all too easily a reality also. Here’s the conclusion of the report:

"The Committee’s study confirmed that Canada’s current legislative framework does not adequately regulate FRT and AI. Without an appropriate framework, FRT and other AI tools could cause irreparable harm to some individuals. 

The Committee is therefore of the view that, when FRT or other AI technology is used, they must be used responsibly, within a robust legislative framework that protects Canadians’ privacy rights and civil liberties. Since such a legislative framework does not exist at the time, a national pause should be imposed on the use of FRT, particularly with respect to police services.

The Committee strongly encourages the Government of Canada to implement its recommendations as quickly as possible."

And Privacy Commissioner Philippe Dufresne had this to say:

"I welcome the committee’s report, which confirms and reiterates the pressing necessity of ensuring the appropriate regulation of privacy impactful technologies such as facial recognition and artificial intelligence in a way that protects and promotes Canadians’ fundamental right to privacy. The report confirms the need for critical measures such as:

    • Mandatory privacy impact assessments (PIAs) and consultation with my Office prior to the adoption, creation and use of facial recognition technology.
    • Improved accountability and transparency through enhanced oversight and public reporting and consultation.
    • Strong and effective legal frameworks to set limits on the use of facial recognition technologies by police and to ensure that privacy is protected at every stage of the process.
    • The modernization of private and public sector privacy laws."

Will the government act on these recommendations? If not, I imagine we’ll see more Clearview cases pop up. Maybe this will all be examined as part of the study on Bill C-27, which we hope will be underway shortly.

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