Facial Recognition Software in Canada’s Malls: Over 5M Images of Shoppers Taken

A recent privacy investigation revealed that over five million images of Canadian shoppers were collected without consent through facial recognition software used by Cadillac Fairview, a parent company of malls across the country.

The federal privacy commissioner reported in October that Cadillac Fairview violated federal as well as provincial privacy laws by embedding cameras inside digital information kiosks at 12 shopping malls throughout Canada.

Facial Recognition Software Embedded in Canadian Malls

The facial recognition software installed in Cadillac Fairview’s “wayfinding” directories was called “Anonymous Video Analytics,” reports CTV News. The software took temporary digital images of the faces of any individual within its field of view and converted the images into biometric numerical representations of each face. The system then used that information to compile demographic information about mall visitors.

According to the privacy report, the technology was used at the following mall locations:

• CF Market Mall in Alberta
• CF Chinook Centre in Alberta
• CF Richmond Centre in British Columbia
• CF Pacific Centre in British Columbia
• CF Polo Park in Manitoba
• CF Toronto Eaton Centre in Ontario
• CF Sherway Gardens in Ontario
• CF Lime Ridge in Ontario
• CF Fairview Mall in Ontario
• CF Markville Mall in Ontario
• CF Galeries d’Anjou in Quebec
• CF Carrefour Laval in Quebec

According to a statement from Privacy Commissioner of Canada, Daniel Therrien, Cadillac Fairview said the goal of its cameras was to “analyze the age and gender of shoppers and not to identify individuals.”

Although the corporation reportedly said that it did not collect personal information because the images were briefly looked at and then deleted, the data generated from the images was being stored by a third-party contractor called Mappedin, which Cadillac Fairview reportedly said it was unaware of.

Montrealer Launches Class Action Lawsuit Against Mall

Outremont resident, David Ibarra, is launching a class action lawsuit against Cadillac Fairview over the collection of images and biometric data of five million shoppers “without their consent.” The complaint notes that the facial recognition cameras were initially installed in 2017.

According to Ibarra, the Toronto-based company’s management “acted illegally,” knowing full well “that their conduct would violate the rights of visitors.” His request for authorization was filed last Tuesday before the Superior Court of Québec in Montreal.

If it proceeds, the class action lawsuit will seek “punitive damages” against Cadillac Fairview, which Ibarra alleges “violated the privacy rights” of its customers under the Quebec Charter of Human Rights and Freedoms.

Controversial Anonymous Video Analytics

At the heart of this controversy: Anonymous Video Analytics (AVA) technology, which allegedly collects pictures of customers on display terminals, along with their gender or age.

Last Thursday, the Office of the Privacy Commissioner of Canada released the results of a broad investigation conducted since 2018. It revealed that AVA was used in 12 malls across Canada. Geolocation technology was also reportedly used at Promenades St-Bruno and Fairview Pointe Claire, two Quebec malls.

“Visitors had no reason to expect their image to be captured by a discreet camera,” said the Privacy Commissioner Daniel Therrien.

According to him, the lack of consent is “particularly worrisome” given the sensitive nature of biometric data. Ottawa had been investigating the Cadillac Fairview case since 2018, after several media outlets began reporting the issue.

Cadillac Fairview Defence

The Cadillac Fairview Group has indicated that it has been made aware of the request to institute a class action lawsuit. In a statement sent to La Presse, the company reportedly stated that “the allegations made have not been proven,” and that they “intend to challenge them and defend ourselves.”

“At no time did we retain or store images of clients, nor do we have a database of images collected,” according to Cadillac Fairview.

The corporation also claims that visitors were informed of the presence of the surveillance technology by way of stickers on the entrance doors. However, these explanations were deemed “insufficient” by privacy investigators.

Facial Recognition Class Action Lawsuits Filed Across Canada

The RCMP is at the heart of a privacy class action lawsuit, alleging that the RCMP uses a facial recognition service in its database that violates Canadian’s privacy rights.

In the case, lead plaintiff, Ha Vi Doan, a Quebec photographer claimed that a U.S. company, Clearview AI, collected and compiled her and other Canadian’s photographs and other information in a gigantic database. The plaintiff added that the RCMP has been using this database to identify individuals using their photos without consent.

Another class action lawsuit was also filed against the U.S. facial recognition technology company, Clearview AI, over allegations it illegally collected and sold biometric information about Canadians to third parties without their consent.

Are you concerned about your privacy? Do you think facial recognition should be present in public places? Tell us what you think in the comments below!

Ibera and potential Class Members are represented by Charney Lawyers PC and Simkin Légal.

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