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Consultation on police use of facial recognition

Facial recognition has emerged as a tool of significant interest for police agencies in Canada. Used responsibly and in the right circumstances, the technology could provide public safety benefits such as helping solve serious crimes, locating missing persons and supporting national security objectives.

At the same time, the use of facial recognition involves highly sensitive biometric information, and raises concerns for privacy and human rights.

What we have done

In June 2021, Canada’s federal, provincial and territorial privacy commissioners published draft guidance intended to clarify police agencies’ existing privacy obligations relating to the use of FR technology. At the same time, we launched a public consultation, seeking feedback on both the guidance as well as a future legal and policy framework to govern police use of the technology.

Notice of consultation and call for comments – Privacy guidance on facial recognition for police agencies

What we heard

We received 29 written submissions from stakeholders representing civil society, academia, government, police, legal and industry sectors, as well as individuals. Throughout the fall of 2021, our Office met with law enforcement agencies, civil society groups, organizations representing marginalized communities and equity seeking groups, as well as federal, provincial and territorial human rights commissioners to seek their feedback.

Additionally, the Office of the Information and Privacy Commissioner of Ontario hosted a consultation roundtable with a broad range of Ontario-based stakeholders, the Office of the Information and Privacy Commissioner of British Columbia met with local police services, the Commission d’accès à l’information du Québec consulted with police services and other stakeholders, and other provinces received additional feedback.

Additional details on the feedback we received are in our What We Heard report.

Our results and recommendations

On May 2, 2022 along with our provincial and territorial counterparts, we published our final joint privacy guidance on facial recognition for police agencies and a joint statement on recommendations for a legal framework for police use of facial recognition.

News release: Privacy regulators call for legal framework limiting police use of facial recognition technology

Privacy guidance on facial recognition for police agencies

Joint Statement by Federal, Provincial and Territorial Privacy Commissioners regarding the legal framework for police agencies’ use of facial recognition

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