Ontario Privacy Commissioner Urges Transparency, Safeguards for Police FRT

The Information and Privacy Commissioner of Ontario has published a new guidance document for police in the Canadian province concerning how they use facial recognition technology and manage mugshot databases.

The January 2024 guidance aims to clarify the rights and obligations under Ontario’s access and privacy laws, acknowledging the evolving use of this technology by police services to enhance public safety efforts. The guidance emphasizes that it is not a legal document but a set of recommendations to ensure responsible use of facial recognition in a way that respects privacy rights and minimizes risks.

The guidance was developed in response to a joint statement by Canadian privacy commissioners in May 2022, calling for a legal framework to govern the use of facial recognition by police due to concerns over privacy and fundamental rights. It reflects input from various stakeholders, including academics, civil society, legal professionals, and law enforcement agencies.

The document outlines several key considerations for police services before implementing facial recognition technologies, including ensuring lawful authority, adhering to guiding principles, conducting privacy impact assessments, and engaging the public transparently. It stresses the importance of setting clear policies, limiting the scope of use to serious crimes, and ensuring accurate and unbiased results. The guidance also addresses operational considerations like the quality of probe images, retention practices, and human oversight in interpreting results.

Significant attention is given to the responsible management of mugshot databases, urging regular purging of non-conviction records and records not related to serious crimes to prevent discriminatory impacts, particularly on marginalized communities. It advocates for transparency in operations, public reporting on program effectiveness, and regular audits to ensure compliance and accountability.

The document further recommends careful consideration and rigorous privacy impact assessments for joint database programs among police services. It concludes with a call for ongoing monitoring, evaluation, and public reporting to maintain public trust and ensure the technology’s responsible use aligns with societal values and legal standards.

All that having been said, the IPC notes that its guidance should not be relied upon as a substitute for legislation, and does not bind the IPC’s Tribunal in the event that the latter is called upon to investigate any complaints.

Sources: OACP, Information and Privacy Commissioner of Ontario

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February 6, 2024 – by the FindBiometrics Editorial Team