Several Canadian police services utilize facial recognition technology to assist in solving crimes, while others cite concerns over human rights and privacy as reasons for refraining from adopting such powerful digital tools. The varying application of this technology and the lack of stringent regulations 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, advocates for a moratorium or specific prohibitions on the use of facial recognition technology until the associated risks are better understood. She highlights the disparities in privacy protection for citizens due to the inconsistent regulations on emerging biometric technologies.
Facial recognition systems leverage AI to identify individuals by comparing their facial images or videos, often obtained from security cameras, with existing database images. The use of this technology by law enforcement has sparked controversy, with instances like the RCMP’s privacy law violations in 2021 and Toronto police’s undisclosed use of facial recognition software from Clearview AI.
While some police forces like York and Peel Police in Ontario have begun implementing facial recognition technology to expedite investigations, others, like Montreal Police in Quebec, are hesitant and emphasize the need for thorough discussions on various implications before adoption.
Despite assurances from York police about obtaining images lawfully and consulting privacy authorities, concerns persist regarding the necessity of judicial approval for using facial recognition technology. Kate Robertson from the University of Toronto’s Citizen Lab notes the historical lack of prior judicial authorization by Canadian police forces for such technologies.
Although the federal government lacks direct oversight over provincial and municipal police forces, it can influence regulations through amendments to the Criminal Code. Recommendations from privacy commissions call for a legal framework governing facial recognition technology, independent oversight mechanisms, restrictions on mass surveillance, and limits on data retention periods.
Additionally, the federal Economic Development Department suggests that existing laws like the Personal Information Protection and Electronic Documents Act (PIPEDA) could potentially regulate corporate data collection practices, including those related to facial recognition technology.
While some police departments have contracts with technology providers like Idemia, concerns persist regarding the transparency and accountability in the procurement and use of facial recognition technology. Ana Brandusescu, an AI governance expert, criticizes the lack of responsiveness from law enforcement to calls for improved governance practices and stakeholder engagement in technology adoption.
