A photographer in quebec wants to apply to the courts to compel the RCMP to destroy all the images of Canadians obtained through the controversial technique of facial recognition.
13 July 2020 18h57
A photographer in quebec wants to continue with the RCMP on the facial recognition
The Canadian Press
OTTAWA – A photographer in quebec wants to apply to the courts to compel the RCMP to destroy all the images of Canadians obtained through the controversial technique of facial recognition.
Ha Vi Doan asks the federal Court to authorize a collective action to obtain damages, not otherwise specified, for she and all the other Canadians in the photographs and the related information were part of the huge database compiled by the american firm Clearview-I and used by the police, the royal Canadian mounted police (RCMP) in the course of its investigations.
The technology of Clearview HAVE worried many privacy advocates, because it allows for the collection of a large number of images from multiple sources, in order to assist the police, financial institutions and other customers to identify individuals from photos. The federal commissioner for the protection of the private life said this month that Clearview would cease to offer his services for facial recognition in Canada, the result of an investigation conducted by its services and by three provincial commissioners, including Québec.
The withdrawal of the Clearview also means the suspension of its contract with the RCMP, its ultimate customer in Canada. The federal police said in February that its national Centre against sexual exploitation of children had purchased two licenses for the application Clearview HAVE and had used this technology in 15 surveys, which would have led to the identification of suspects, and to rescue two children. The RCMP said that a few of its other services were trying also Clearview HAVE to determine its usefulness.
The collective action proposed by Ms. Doan indicates that the RCMP has become a client of Clearview HAVE even if recourse to the services of the company has resulted in an infringement of mass to the privacy of canadian residents and citizens, as well as a violation of the copyright law.
His photos have been used
Ms. Doan has a passion for photography; she takes pictures of herself and other people, and she has published several on his own web site and on online platforms such as Facebook and Instagram, according to court documents.
She alleged that her “biometric information” personal and photos taken by it have been collected, copied, reproduced, stored, or used by Clearview without his knowledge or without his consent.
The collective action would cover three types of applicants:
– all those in Canada whose images are in the database of Clearview HAVE;
– all those who have been the subject of targeted searches of the RCMP in the database;
– all those who hold the copyright and of moral rights to these photos.
Ms. Doan asked the court to order the RCMP to destroy all the documents and information obtained during his research in the database of Clearview. Collective action also aims to prevent the federal police of the future use of the database of Clearview “or similar services of other providers”.
The lawyer of Ms. Doan, Lev Alexeev, estimates that before using the services of Clearview, the RCMP “should know better” and to check the compliance of this technology to canadian laws and regulations.
The caporale Caroline Duval, a spokesperson for the RCMP stated that the police examined the case, but she declined to comment because the matter is before the courts.
Ms. Doan has filed in federal Court a second application of collective action, this time against Clearview AI, claiming always to violations of privacy and copyright. She asks in this case for an order directing the company to destroy all personal information on Canadians, and to prevent him from doing business in Canada.
The representatives of the Clearview I have made no comment Monday.
Dozens of groups and citizens have recently written to the canadian minister of public Safety, Bill Blair, asking him to prohibit the use of facial recognition by the federal services. His spokesperson, Mary-Liz Power, replied that no federal directive on the use of this technology had been given to the forces of law and order.