Facial Recognition Class Action Lawsuit Targets RCMP Database

A proposed class action lawsuit has been launched over allegations that the RCMP uses a facial recognition service in its database that violates Canadian’s privacy rights.

Lead plaintiff, Ha Vi Doan, a photographer residing in Quebec says 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 says that the Royal Canadian Mounted Police has been using this database to identify individuals using their photos.

According to the proposed RCMP facial recognition class action lawsuit, the RCMP’s use of this facial recognition software is a “large-scale invasion of privacy of residents and citizens of Canada.” Indeed, the National Post reports that many privacy advocates voiced concern about the use of the facial recognition technology by the RCMP.

Privacy advocates told reporters that the Clearview AI database was concerning because the company compiles a huge number of photographs in its database.

The RCMP facial recognition class action lawsuit also claims that the use of the database infringes on copyrights on photos used by Clearview, but taken by others. According to the RCMP facial recognition class action lawsuit, Doan, a photographer, puts many photographs on social media sites. Doan accuses Clearview AI of using these photographs and others subject to copyright and moral rights.

The plaintiff contends that the facial recognition software violates Canadian privacy laws and also that the RCMP should have been aware of these violations before using the service.

The facial recognition class action lawsuit wants Clearview AI to get rid of all personal information about Canadians that it has collected and used, along with unspecified damages on behalf of proposed Class Members. Further, the plaintiff is also seeking a court order prohibiting the company from doing business in Canada.

The proposed facial recognition class action lawsuit comes on the heels of an announcement by the Office of the Privacy Commissioner of Canada that Clearview AI will stop offering facial recognition services to Canadian police agencies.

“Clearview AI has advised Canadian privacy protection authorities that, in response to their joint investigation, it will cease offering its facial recognition services in Canada,” says the statement. “This step includes the indefinite suspension of Clearview AI’s contract with the RCMP, which was its last remaining client in Canada.”

CBC News reports that advocates have applauded the move away from the use of Clearview’s technology. Concern about Clearview AI’s facial recognition software started when the company reportedly bragged about the use of a huge number of images it gleaned from the internet, including Facebook and YouTube, that allows users to match and track formerly unidentified photos of people, according to the New York Times.

In response to these concerns, the company reportedly allowed some individuals to remove their photographs from the database, but did not allow Canadians to do so, according to the CBC. In fact, the CBC reports that removing personal data from Clearview is far from a simple process. According to the report, Clearview will only remove information under certain circumstances, which are dependent on local rules and regulations.

Several major social media sites have reportedly stopped allowing Clearview to use their images for its facial recognition software.

“This shows that we can indeed make a difference and stop privacy-invasive practices,” an advocate told reporters.

The National Post reports that privacy advocacy groups have urged leaders to prohibit the use of Clearview and other facial recognition technologies, including writing to the Public Safety Minister.

In response, a spokesperson for the Public Safety Minister states, “Canadians can continue to be confident in the important work performed by our agencies to keep our communities safe.”

On Clearview AI’s part, the CEO of the company emailed a statement to CBC News reporters stating, “In response to [the Office of the Privacy Commissioner’s] request, Clearview AI has ceased its operations in Canada. We are proud of our record in assisting Canadian law enforcement to solve some of the most heinous crimes, including crimes against children. We will continue to co-operate with [the Office of the Privacy Commissioner] on other related issues.”

According to the National Post, Clearview touts its ability to help police agencies like the RCMP figure out the hardest to solve crimes with its facial recognition database.

Are you concerned that your photographs and/or other personal information has been used by the Royal Canadian Mounted Police with facial recognition software? Tell us what you think in the comment section below!

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