There is an urgent need for governments to adopt robust, progressive, and comprehensive regulations on facial recognition technology

BY SIMONE J. SMITH

We are in a time where technology has become such a part of our lives, so much that we are unaware of the dangers that come with it. There is one technological advance that has members of the Canadian Civil Liberties Association concerned, and for good reason. Let me tell you community why we all need to be concerned about it.

Facial recognition technology can be a powerful tool when used responsibly and within the boundaries of the law. However, there have been concerns regarding its potential for unlawful uses and invasions of privacy. The concerns include:

• The continuous monitoring of individuals in public spaces without their consent or knowledge
• The technology can be used to profile individuals based on race, ethnicity, gender, or other protected characteristics. It can perpetuate discrimination and violate civil rights laws
• This technology can track individuals without their consent or knowledge, such as tracking employees in the workplace, or customers in stores, and this can be an invasion of privacy and violates laws and regulations
• The technology can be used for unlawful profiling or targeting of individuals
• Information from FRT can be shared with third parties, or entities without the knowledge or consent of the individuals involved

The Canadian Civil Liberties Association (CCLA) has joined the “Right 2 Your Face” coalition, a group of experts from civil society, academia, and industry who are expressing major concerns with the federal government’s response to the recent publication of the Committee on Access to Information, Privacy and Ethics (ETHI) report, “Facial Recognition Technology and the Growing Power of Artificial Intelligence.”

A joint letter of concern was sent to the government and calls for immediate action to address the severity of the challenges caused by facial recognition technology (FRT) and artificial intelligence (AI). The letter was published on right2yourface.ca, where the public awareness campaign spearheaded by the CCLA and other coalition members, hopes to bring much needed attention to these growing challenges. A full launch of the campaign is expected in the coming months.

“The Government of Canada’s response to the ETHI Committee’s report shows that Parliament isn’t doing enough to take FRT and AI regulation seriously. This coalition of experts from across Canada have joined their voices to tell the Canadian government and people in Canada that there is an urgent priority to enact fit-for-purpose legislation that curbs the risks FRT poses for privacy and human rights,” said Daniel Konikoff, Interim Director of the Privacy, Technology and Surveillance Program at the CCLA.

The CCLA has joined a growing coalition that believes that in its reply, the government failed to address many of the key recommendations made by the ETHI Committee. The government instead relied upon their promised legislative changes to Canada’s federal private sector privacy laws in Bill C-27. Unfortunately, in its current form, that Bill fails to address the concerns and, like the current, out-of-date law, is unable to address the serious risks and challenges caused by the adoption and deployment of facial recognition technologies.

“Facial recognition technology, combined with increasingly sophisticated AI systems, pose a unique threat to freedom and human rights. This open letter not only proposes a moratorium on facial recognition technology–joining many other international jurisdictions including in the U.S. and Europe, but also sets out a clear framework for more robust regulation of AI and federal leadership. This is critical for the long-term health of Canadian democracy,” highlighted Jon Penney, legal scholar and social scientist based at Osgoode Hall Law School, York University.

“Action on facial recognition technology is long overdue,” said Christelle Tessono, a tech policy researcher and Right2YourFace steering committee member. “There’s a growing number of reports of unlawful uses of this tool in Canada. To prevent harms, especially its disproportionate risks to marginalized groups, the government must act now and regulate.”

“Private and public organizations have abundant incentives to develop and implement AI-driven facial recognition technologies that run roughshod over privacy rights,” said Mike Larsen, President of the BC Freedom of Information and Privacy Association. “There is an urgent need for governments to adopt robust, progressive, and comprehensive regulations now, before these technologies become normalized and entrenched.”

The coalition hopes that the government will reconsider the recommendations made by the ETHI Committee as it seeks to amend and develop new legislation. Additionally, as regulations to address the issues posed by FRT move through the legislative process, the CCLA and its partners look forward to working with the government to craft a robust regulatory framework.