Facial Recognition

Date: 2021-02-03
Classification: UNCLASSIFED
Fully releasable (ATIP)? Yes
Branch / Agency: RCMP

Issue:  

Ongoing media coverage of the RCMP’s use of the Clearview AI facial recognition software, in relation to the release of the joint investigation by federal and provincial privacy regulators into Clearview AI.

Proposed Response:                                                      

Background

Police have used traditional facial recognition tools in criminal investigations, such as photos of charged persons, for decades. However, technological advances in areas such as biometrics, machine learning and artificial intelligence (AI) have led to the development of more advanced and sophisticated automated facial recognition technology, which can dramatically reduce the amount of time that investigators spend reviewing potential matches.

Automated facial recognition tools are capable of identifying or verifying an individual by comparing and analyzing patterns, shapes and proportions of their facial features and contours. This is a relatively new technology and has been used by some law enforcement agencies.

Clearview AI provides access to a repository of images and any associated metadata that has been collected from publically available websites to facilitate image comparison. Privacy concerns have centered around the legality of law enforcement’s use of biometric technologies, including facial recognition, particularly around how the information is collected, used, disclosed, and retained. As a result, on February 21, 2020, the Office of the Privacy Commissioner (OPC), announced an investigation, with its counterparts in Quebec, British Columbia and Alberta, into whether Clearview AI and its use of facial recognition technology complies with Canadian privacy legislation.

On February 27, 2020, the RCMP acknowledged in a public statement that it had recently started to use and explore Clearview AI’s facial recognition technology in a limited capacity, in particular by the National Child Exploitation Crime Centre (NCECC). This public statement contradicted a previous media response, which was an error on the part of the RCMP. This error was corrected in the February 27, 2020 statement, wherein the RCMP acknowledged its use of Clearview AI’s facial recognition technology.

The RCMP’s NCECC had two paid licenses for the Clearview AI application and had been using the technology since October 24, 2019. NCECC use has been limited to victim identification for investigations of online child sexual exploitation. To date, this technology has been used in 15 online child sexual exploitation cases, resulting in the successful identification and removal of two children from abusive environments.

In the February 2020 statement, the RCMP also acknowledged that it was aware that some additional units had, on a trial basis, sought to determine whether this technology could enhance criminal investigations. In March 2020, the RCMP issued internal direction that this technology only be used in exigent circumstances for victim identification in child sexual exploitation investigations or in circumstances where threat to life or grievous bodily harm may be imminent. However, since July 2020, the RCMP has stopped the use of this technology, following Clearview AI’s withdrawal from the Canadian market.

On February 28, 2020, the OPC announced that it would investigate the RCMP’s use of Clearview AI’s facial recognition technology. In March 2020, the RCMP was engaged by the Office of the Privacy Commissioner to begin discussions on its use of Clearview AI, and committed to work with the Privacy Commissioner to develop guidelines and policies on the future use of automated facial recognition technologies.. On March 15, 2021, the OPC provided the RCMP with a copy of the Preliminary Report on Findings, following their investigation into the RCMP’s use of Clearview AI facial recognition technology. The RCMP prepared a response to the report, indicating that it accepts all recommendations, but disagrees with a number of findings. The response met OPC’s deadline of April 5, 2021.

On July 8, 2020, a proposed class action was filed with the Federal Court of Canada alleging that Clearview AI collects, copies, stores, discloses and sells facial photos of Canadian residents without their knowledge or consent by using an algorithm to detect the unique face print of an individual. The plaintiff alleges that this is a violation of privacy rights, constitutional rights and their copyright and moral rights as the authors and holders of these rights have not consented to their reproduction and use by Clearview. Furthermore, the plaintiff has alleged that by becoming a customer and client, the RCMP obtained access to and used an illicit database, thus violating the rights of residents and citizens of Canada.

On February 3, 2021, the OPC, with its counterparts in British Columbia, Alberta and Quebec, released the results of their joint investigation into the Clearview AI’s use of facial recognition technology. The report concludes that the company violated the federal and provincial privacy laws in Canada in that it collected, used and disclosed Canadian’s personal information for inappropriate purposes and collected sensitive biometric information without knowledge or consent.

Contacts:

Prepared by: Kees Bradley, Manager, Cybercrime and Information Sharing Policy, 613-843-5877
Approved by: Stephen White, Deputy Commissioner, Specialized Policing Services, 613-843-4631

Date modified: