As police increasingly use facial recognition technology, calls grow for regulations

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Some police services in Canada are using facial recognition technology to help solve crimes, while other police forces say human rights and privacy concerns are holding them back from employing the powerful digital tools.

Transportation Security Administration's new facial recognition technology at a Baltimore-Washington International Thurgood Marshall Airport security checkpoint, Wednesday, April 26, 2023, in Glen Burnie, Md. THE CANADIAN PRESS/AP-Julia Nikhinson

“I think the fact that we have different police forces taking different steps raises concerns inequities and how people are treated across the country, but also highlights the continuing importance of some kind of federal action to be taken," she said. “It's going to be something that is going to take a lot of discussion before we think about putting in place,” Dagher said in a recent interview.

According to Robertson, getting the go-ahead from the court, usually in the form of a warrant, represents the “gold standard of privacy protection in criminal investigations.” This ensures a facial recognition tool, when used, is appropriately balanced against the right to free expression, freedom of assembly and other rights enshrined in the Charter.

"If, for example, a police force, including the RCMP, were to contract out activities that use personal information to a private company conducting commercial activities, then these activities could potentially be regulated by PIPEDA, including services related to facial recognition technologies," the department said.

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