A variety of organizations, including private sector entities, used this service via a free-trial service. If a user clicks on the results the user is directed to the original source page of the image.Ĭlearview’s tool is intended for use for law enforcement and investigative purposes. If there is a match, Clearview provides a list of results containing matching images and metadata.
It creates biometric identifiers for each image and allows users to upload an image to match to images in the database. It stores that information in its database which has over 3 billion images including images of Canadians and images of children. The Offices conducted a joint investigation to examine whether Clearview’s collection, use and disclosure of personal information using its facial recognition tool complied with federal and provincial privacy laws applicable to the private sector.Ĭlearview’s facial recognition tool “scrapes” images of faces and associated data from publicly accessible online sources including public websites and social media sites such as Facebook, YouTube, Instagram, Twitter and Venmo.
These conclusions in the Findings are not supported by the authorities relied on by the Offices and deserve close scrutiny. The conclusions that exceptions from consent must be construed narrowly and that the Regulations do not apply to websites and social media sites have significant implications for the interpretation of PIPEDA and provincial privacy laws as a whole and the Regulations in particular. In making the findings in PIPEDA Report of Findings #2021-001 (Findings), the Offices concluded that exceptions from consent in PIPEDA must be narrowly construed and that the publicly available exemption set out in the Regulations Specifying Publicly Available Information under PIPEDA (the “ Regulations”) do not apply to websites and social media sites.
CLEARVIEW CHURCH AG SOFTWARE
(“ Clearview”) using facial recognition software to facilitate use by law enforcement was recently found to be illegal following a joint investigation by the federal Office of the Privacy Commissioner of Canada (“ OPC” or the “ Commissioner”) and privacy Commissioners from Quebec (“ CAI”), Alberta (“ OIPC AB”), and British Columbia (“ OIPC BC”) (the “ Offices”). The collection of photos from online sources by Clearview AI, Inc. These exceptions are part of the balance in PIPEDA and enable uses of public information for purposes that are in the public interest. PIPEDA also has many exceptions where consents are not required. PIPEDA requires consent for the collection, use and disclosure of personal information.
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