- October 24, 2019: RCMP purchased 2 licences to use Clearview AI in Canada
- November 26, 2020: RCMP signed an invoice from Clearview AI, confirming it's $5,072.70 purchase to use the service
- January 17, 2020: RCMP denied using Clearview AI
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January 27, 2020: OPC received a complaint from an MP about RCMP's suspected use of Clearview
- MP Charlie Angus wrote a letter to the Office of the Privacy Commissionaire of Canada expressing serious concerns with the RCMP's "suspected" use of Clearview.
- The letter expressed concern for privacy, concern for Clearview's FRT disproportionately impacting ppl of colour, and a specific concern with the RCMP using the technology to profile Indigenous protesters.
- February 2020: Clearview AI's Client list was leaked revealing the RCMP's use of their FRT (para. 10)
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February 21, 2020: The Offices launched a joint investigations into whether Clearview's FRT complies with Canadian privacy Legislation
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The "Offices" refer to the collective efforts of the Office of the Privacy Commissioner of Canada (OPC), the Commission d’accès à l’information du Québec(CAI), the Information and Privacy Commissioner for British Columbia (OIPC BC), and the Information and Privacy Commissioner of Alberta (OIPC AB).
- The joint investigation aimed to determine if the use of Clearview breaches any privacy legislation pursuant to s.11(2) of PIPEDA, s.81 of Quebec’s Private Sector Act, s.36(1)(a) of PIPA BC, and s.36(1)(a) of PIPA AB.
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The issues in this investigation were:
- Whether Clearview was required under the Acts to get consent for its collection, use and disclosure of personal information. If this was a requirement, did Clearview gain consent?
- Whether Clearview collected, used and/or disclosed personal information for a purpose that a reasonable person would consider appropriate to fulfill a legitimate need?
- Did Clearview report the creation of a database of biometric characteristics or measurements?
- February 27, 2020: RCMP publicly acknowledged it's use of Clearview AI
- February 28, 2020: OPC officially announced its investigation into the RCMP's use of Clearview AI
- March 2020: The RCMP developed an internal directive on its use of FRT
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May 2020: RCMP claimed the total number of uses for Clearview AI was 78 (para. 16)
- The OPC determined that the RCMP made 521 searches
- The difference between "uses" and "searches" are important.
- June 12, 2020: Public Safety Canada releases a statement on Facial Recognition due to increased media attention on the RCMP's use of Clearview
- July 2020: RCMP stopped using Clearview AI
- July 3, 2020: Clearview Stopped offering its services in Canada
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July 7, 2020: A proposed class action lawsuit was filed with the Federal Court of Canada regarding copyright infringement. (Search under Court File Number: T-713-20)
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The proposed class action aims to obtain:
- A declaration that the RCMP engaged liability and violated rights of class members by becoming a client of Cleaview and accessing its database
- A declaration that the RCMP engaged liability and violated the Targeted Individual Class Members by running searches in the Clearview data base
- A declaration that the RCMP cannot engage with Clearview and use its services or similar services of other providers
- An order demanding the RCMP to remit and destroy all documents and information acquired from Clearview relating to the Class Members
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October 29, 2020: OPC issued a letter of intention to Clearview AI
- The letter of intention set out the rationale for the Office's preliminary findings, identified several orders and recommendations under consideration and invited Clearview to respond. (para. 11).
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November 17, 2020: The OPC met with Clearview to discuss findings from the joint investigation. (para. 11)
- This meeting provided Clearview the opportunity to ask questions and discus potential remedies.
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November 20, 2020: Clearview AI provided a written response to the OPC. (para. 11)
- The written response outlined Clearview's disagreements with OPC's findings, orders, and recommendations.
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February 2, 2021: OPC released its findings from the joint investigation into Clearview AI
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Clearview engaged in the collection, use and disclosure of personal information through the development and provision of its facial recognition application, without the requisite consent.
- Clearview violated principle 4.3 of schedule 1 of PIPEDA
- Clearview violated section 6.1 of PIPEDA
- Clearview violated section 7(1) of PIPA AB
- Clearview violated sections 6-8 of PIPA BC
- Clearview violated section 6 and 12-14 of Quebec's private sector act
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The OPC found the a reasonable person would find Clearview's use and disclosure of personal information through its FRT inappropriate.
- Clearview violated subsection 5(3) of PIPEDA
- Clearview violated sections 11, 16 and 19 of PIPA AB
- Clearview violated sections 11, 14 and 17 of PIPA BC
- Clearview violated section 4 of Quebec’s Private Sector Act.
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The CAI found that Clearview does not comply with sections 44 and 45 of the LCCJTI
- Clearview uses biometric information for identification purposes without consent from individuals
- Clearview fails to disclose the database of biometric characteristics and measurements to the Commission
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March 2021: RCMP launched NTOP
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The RCMP initiated a pilot project called "National Technology Onboarding Program", which is intended ensure the use of new investigative technologies comply with the Privacy Act and Canadian Carter of Rights and Freedoms
- NTOP aims to centralize and bring more transparency to the processes that govern how the RCMP identifies, evaluates, tracks and approves the use of new and emerging technologies and investigative tools that involve the collection and use of personal information.
- May 2021: OPC appears before the Standing Committee on Access to Information, Privacy and Ethics (ETHI) on Facial Recognition Technology
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June 10, 2021: OPC releases a special report to parliament on the RCMP's use of Clearview AI & RCMP releases a response to the OPC's investigative report into the RCMP's use of Clearview AI
- OPC's report
- RCMP's response
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September 16, 2021: Notice of Application for a proposed class action lawsuit under s.14(1) of PIPEDA was filed before the Federal Court of Canada (Search by Court File Number: T-1410-21)
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The proposed class action aims to obtain:
- A declaration from the Court that Clearview illegally collected, copied, stored, used, and disclosed personal information of class members in violation of their privacy rights
- An order enjoining Clearview to destroy all personal information of class members and to not market or provide its services in Canada
- Various forms of damages for breaches and invasions of privacy
- Class action parties: Ha Vi Doan v. Clearview AI Inc.
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December 13, 2021: ETHI Committee approved a motion to study the use (or potential use) of Facial Recognition Technology in Canada by government, law enforcement, private corporations, and individuals
- The ETHI Committee consists of 11 members in total. 5 members represent the Liberal party, 4 members represent the conservative party, 1 member represents the Bloc Québécois party, and 1 member represents the NDP party.
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March 21, 2022: ETHI Committee commenced its study on the use and impact of FRT (ETHI Meeting 11 / 1st meeting on the use and impact of FRT)
- Meeting Wittinesses
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March 24, 2022: ETHI Meeting 12 (2nd meeting on the use and impact of FRT)
- Meeting Wittinesses
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April 4, 2022: ETHI Meeting 15 (3rd meeting on the use and impact of FRT)
- Meeting Witnesses
- April 8, 2022: Rob Jenkins submitted ETHI Brief
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April 25, 2022: Canadian Human Right's Commission submitted ETHI Brief
- April 25, 2022: Refugee Law Club submitted ETHI Brief
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April 28, 2022: ETHI Meeting 17 (4th meeting on the use and impact of FRT)
- Meeting Witnesses
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May 2, 2022: ETHI Meeting 18 (5th meeting on the use and impact of FRT)
- Meeting Witnesses
- May 4, 2022: Ligue des droits et libertés submitted ETHI Brief
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May 5, 2022: ETHI Meeting 19 (6th meeting on the use and impact of FRT)
- May 5, 2022: OPC releases privacy guidance on facial recognition for police agencies
- Meeting Witnesses
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May 9, 2022: ETHI Meeting 20 (7th meeting on the use and impact of FRT)
- Meeting Witnesses
- May 20, 2022: Christelle Tessono submitted ETHI Brief
- June 1, 2022: International Civil Liberties Monitoring Group submitted ETHI Brief
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June 9, 2022: ETHI Meeting 25 (8th meeting on the use and impact of FRT)
- Meeting Witnesses
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June 16, 2022: ETHI Meeting 27 (9th meeting on the use and impact of FRT)
- Meeting Witnesses
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June 17, 2022: Nestor Maslej Submitted ETHI Brief
- June 17, 2022: Centre for Media, Technology and Democracy & Cybersecure Policy Exchange submitted a joint ETHI Brief
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June 20, 2022: ETHI Meeting 28 (10th meeting on the use and impact of FRT)
- This meeting was held in camera
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September 21, 2022: ETHI Meeting 34 (11th meeting on the use and impact of FRT)
- This meeting was held in camera
- September 26, 2022: ETHI Meeting 35 (12th and final meeting on the use and impact of FRT)
- October 4, 2022: ETHI publishes final report titled: Facial Recognition Technology and the Growing Power of Artificial Intelligence
- December 7, 2022: Age Verification Providers Association submitted ETHI Brief
- February 1, 2023: Government Response to the ETHI's report on Facial Recognitionn Technology and the Growing Powers of Artificial Intelligence was submitted to parliament
- March 30, 2023: The OPC issued the RCMP a letter of satisfaction regarding their actions to implement recommendations from OPC's investigation of the RCMP’s use of Clearview AI (see endnote #1)
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Note: Between October 2019 and July 2020, the RCMP preformed 521 searches.
- Gordon Sage claimed that Clearview's FRT was only used on 3 occasions. Twice by the National Child Exploitation Crime Center (NCECC) and once to track a fugitive abroad in cooperation with other police forces. (p. 22)
- However, 85% of searches are unaccounted for and 6% appear to be linked to NCECC victim identification. (para. 18)
- Note: The RCMP continued using Clearview throughout the OPC's investigation
- Note: The joint investigation into Clearview AI is separate than the OPC's investigation into the RCMP's use of Clearview AI
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Legend
- Aspects of the Clearview AI Case in Canada
- Things to "Note" or "Keep in Mind" when making connections
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For these reasons, the OPC recommends that Clearview:
- Cease offering the facial recognition services that have been the subject of this investigation to clients in Canada
- Cease the collection, use and disclosure of images and biometric facial arrays collected from individuals in Canada
- Delete images and biometric facial arrays collected from individuals in Canada in its possession
- Class action parties: Ha Vi Doan v. Clearview AI Inc.