Facial Recognition Lawsuit – Clearview AI
Date: July 20, 2020
Classification: Unclassified
Branch/Agency: RCMP
Issue:
A class-action lawsuit has been proposed relating to the RCMP’s use of Clearview AI’s facial recognition technology.
Proposed Response:
- We are aware that a proposed class-action lawsuit was filed with the Federal Court of Canada relating to the RCMP’s use of Clearview AI’s facial recognition technology.
- The claim is currently being reviewed and I cannot comment on it at this time.
- We are committed to keeping Canadians safe and protecting their privacy rights.
- The Privacy Commissioner is reviewing the use of facial recognition technology, and is also investigating the RCMP’s use of Clearview AI. The RCMP is fully cooperating with the investigation and we look forward to reviewing the Privacy Commissioner's reports.
Background:
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
As part of this proposed class action, the plaintiff is seeking:
- An order certifying the class action;
- A declaration that the RCMP engaged liability and violated rights of class members by becoming a client of Clearview and accessing the database;
- A declaration that the RCMP engaged liability and violated the Targeted Individual Class Members by running related searches in the Clearview database;
- A declaration that the RCMP cannot engage with Clearview and use its services or similar services of other providers;
- An order enjoining the RCMP to remit to the Targeted Individual Class Members all documents and information obtained from Clearview with respect to them, and destroy all copies of such documents and information; and
- General pecuniary and non-pecuniary, special, punitive and or statutory damages for negligence, willfully obtaining access to an illicit database, privacy breaches, copyright infringement and moral rights violations.
Lastly, the proposed class members are:
- All natural persons, who are either residents or citizens of Canada, whose faces appear in the photographs collected by Clearview (the “Collected Photographs”) (the “Privacy Breach Class” or the “Privacy Breach Class Members”);
- All natural persons whose photographs had been used by the RCMP for the purpose of using Clearview’s services (the “Targeted Individuals Class” or the “Targeted Individuals Class Members); and
- All natural or legal persons holding copyright and moral rights with respect to the Collected Photographs (the “Copyright Infringement Class” or the “Copyright Infringement Class Members” and, collectively with the Privacy Breach Class and the Targeted Individuals Class, the “Class” or “Class Members”).
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). The RCMP’s NCECC had two paid licenses for the Clearview AI application and 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 rescue of two children.
On February 28, 2020, the OPC announced that it would investigate the RCMP’s use of Clearview AI’s facial recognition technology. Since that time, the RCMP has been engaged by the OPC and is actively supporting its ongoing investigation into the RCMP’s use of Clearview AI. As part of this investigation, the RCMP has committed to working with the OPC to develop guidelines and policies on the future use of automated facial recognition technologies. On July 6, 2020, Clearview AI announced that they would cease to offer access to its facial recognition technology tool in Canada and has since suspended RCMP access to this technology.
Contacts:
Prepared by: Kees Bradley, Manager, Cybercrime and Information Sharing Policy, 343-540-5959
Approved by: Stephen White, Deputy Commissioner, Specialized Policing Services 613-843-4631
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