Question Period Note: CBC “MP accuses RCMP officials of delivering ‘dodgy’ testimony on facial recognition technology”

On May 9, 2022, the CBC published the above noted article related to RCMP’s testimony at the Parliamentary Committee on Access to Information, Privacy and Ethics related to facial recognition technology.

• The RCMP recognizes the importance of the work being undertaken by this committee, and remain committed to following up on questions and providing the supplemental information requested by committee members.

• The RCMP made use of the Clearview AI technology to assist investigators in victim identification of child sexual exploitation on the internet, from October 2019 to July 2020.

• Investigators of online child exploitation review tens of thousands of digital photos and videos to help identify victims. Facial Recognition Technology (FRT) can greatly reduce the number of photos that need to be reviewed by an investigator. Human confirmation of search results was in place during the RCMP’s use of Clearview AI.

• Subsequent to the termination of its contract with Clearview AI, in July 2020, the RCMP has not made use of any automated facial recognition technologies.

• The RCMP has been working in close consultation with the Privacy Commissioner to develop new processes to better evaluate new technologies before they are used operationally, consistent with the privacy expectations of Canadians.

• The RCMP is committed to ensuring that new tools and technologies are thoroughly evaluated through a privacy and GBA+ assessment, and implemented in a lawful manner.

An article entitled “MP accuses RCMP officials of delivering ‘dodgy’ testimony on facial recognition technology” was published on May 9, 2022 by the CBC. This article details the appearance of the RCMP at the May 9, 2022 meeting of the Parliamentary Committee on Access to Information, Privacy and Ethics. The article cites some MP’s concerns that the RCMP was being purposely obstructionist and failed to provide direct answers to questions posed by members of the committee.

The RCMP briefly made use of Clearview AI to support victim identification for child sexual exploitation on the internet, but ceased its use in July 2020. The RCMP does not currently make use of any automated facial recognition technologies. Clearview AI is a software application that provides access to a repository of images and any associated metadata, collected from publicly accessible websites to facilitate image comparison.

On February 28, 2020, the OPC announced that it would investigate the RCMP’s use of Clearview AI’s facial recognition technology. On June 10, 2021, the Privacy Commissioner of the Canada tabled the findings of this investigation, concluding that the RCMP had violated Section 4 of the Privacy Act, and making a number of recommendations. In response to the report, the RCMP has indicated to the OPC that it accepts all recommendations, but disagrees with a number of findings, including the finding that the RCMP breached section 4 of the Privacy Act. It is the RCMP’s position that Section 4 of the Act does not impose a duty on the RCMP to conclusively confirm the lawful collection and use by a third party of its personal information collection, prior to the government institution being able to collect that personal information. Section 4 of the Act only refers to a government institution collecting personal information pursuant to its mandate. The Privacy Commissioner acknowledged this disagreement in his May 2, 2022, testimony before the Parliamentary Committee for Access to Information, Privacy and Ethics, citing a gap in legislation that leaves it open to interpretation.

Questioning from the committee focused on the areas of procurement of the Clearview AI facial recognition tool and accountability for its use within the organization, particularly in light of the results of the investigation of the Privacy Commissioner of Canada. The committee members requested procurement documentation from the RCMP regarding Clearview AI that the RCMP has agreed to provide. Additionally, members questioned the RCMP on the names of individuals occupying positions of responsibility over the period of October 2019 to July 2020. These individuals have retired and witnesses were concerned as to whether this information could be disclosed to the committee. The information ultimately was confirmed during the meeting.

The OPC made a number of recommendations to the RCMP for improvements to its current training and operational processes, including the need for enhanced training for RCMP employees, and the need to establish centralized and standardized processes for the identifying, tracking, assessing, and reporting of new technologies that use personal information prior to their operational use. The RCMP is also undertaking a modernization of its ATIP program in response to a recent internal audit and systemic investigation which include a core focus on improving its privacy regime. Specifically, the RCMP is in the process of implementing a multi-year effort that includes human resource, training and change management strategies, with a specific focus on leadership and oversight, to ensure the RCMP is able to meet its ATIP obligations and all requirements under the Privacy Act.

The RCMP has agreed to all of the OPC’s recommendations and has begun the development of new training materials to meet the recommendations and the establishment of the National Technologies On-Boarding Program (NTOP) that was launched in March 2021 and initial operational status commenced as of fall 2021. NTOP is establishing a centralized system to enable the RCMP to identify, assess and track new and emerging investigative tools and technologies that involve the collection of novel types of information for investigational purposes. NTOP will build on existing policy frameworks and establish centralized and standardized processes for the development and/or procurement of new technologies and services, enhanced Gender-Based Analysis+, assessment for compliance with privacy legislation, and the provision of guidance to RCMP employees on operational processes and procedures for novel investigation techniques.

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