CITP Case Study on Regulating Facial Recognition Technology in Canada

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Canada, like many jurisdictions in the United States, is grappling with the growing usage of facial recognition technology in the private and public sectors. This technology is being deployed at a rapid pace in airports, retail stores, social media platforms, and by law enforcement – with little oversight from the government. 

To help address this challenge, I organized a tech policy case study on the regulation of facial recognition technology with Canadian members of parliament – The Honorable Greg Fergus and Matthew Green. Both sit on the House of Commons’ Standing Committee on Access to Information, Privacy, and Ethics (ETHI) Committee and I served as a legislative aide to them through the Parliamentary Internship Programme before joining CITP. Our goal for the session was to put policymakers in conversation with subject matter experts. 

The core problem is that there is lack of accountability in the use of facial recognition technology that excarbates historical forms of discrimination and puts marginalized communities at risk for a wide range of harms. For instance, a recent story describes the fate of three black men who were wrongfully arrested because of being misidentified by facial recognition software. As the Canadian Civil Liberties Association argues, the police’s use of facial recognition technology, notably provided by the New York-based company, Clearview AI, “points to a larger crisis in police accountability when acquiring and using emerging surveillance tools.

A number of academics and researchers – such as DAIR Instititute’s Timnit Gebru and the Algorithmic Justice League’s Joy 

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