Information and Privacy Commissioner, Michael Harvey, calls attention to the May 2 release of a Joint Statement of the Federal, Provincial and Territorial Information and Privacy Commissioners regarding the use of facial recognition technology by police.

The Joint Statement recognizes that facial recognition is a tool that, used responsibly, could provide public safety benefits such as helping solve serious crimes, locating missing persons, and supporting national security objectives. At the same time, facial recognition technology can also be extremely intrusive. It could enable surveillance at a level never before seen, which could erode human rights, yield biased results, and impact the right to participate freely in a democratic society. In particular, the Joint Statement calls for the following:

• A clear and explicit definition of the purposes for which police use of facial recognition would be authorized, and a list of prohibited uses. “No-go zones” should include a prohibition on any use of facial recognition that can result in mass surveillance.
• Strict necessity and proportionality requirements. Legislation should require police use of facial recognition to be both necessary and proportionate for any given deployment of the technology.
• Independent oversight. Police use of facial recognition technology should be subject to strong independent oversight. Oversight should include proactive engagement measures. Police should be required to obtain pre-authorization from an oversight body at the program level, or provide it with advance notice of a proposed use, before launching a facial recognition initiative.
• Privacy rights and protections. Appropriate privacy protections should be put in place to mitigate risks to individuals, including measures to ensure the accuracy of information and limits to how long images can be retained in police databanks.

Commissioner Harvey also joined with his federal, provincial, and territorial counterparts in releasing a joint guidance document, clarifying the obligations of police agencies under current laws. Commissioner Harvey noted that although the Royal Newfoundland Constabulary currently does not employ facial recognition technology, as those tools become cheaper and more readily available, it could be something that law enforcement wishes to consider in the future.

Commissioner Harvey encourages law enforcement officials and government to review the Joint Statement and guidance, and to engage with his Office prior to considering any policy that would see facial recognition technology used in this province as part of law enforcement.

“In a world where rapid advances in technology offer so many benefits while also risking serious social harm, it’s important that the frameworks to mitigate those risks be put in place prior to implementation. That’s why our door is always open to government and police agencies, so we can have those conversations.”

The Office of the Information and Privacy Commissioner (OIPC) is a statutory Office of the House of Assembly. OIPC has a broad range of responsibilities and powers under both the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) and the Personal Health Information Act (PHIA). Oversight of these Acts includes conducting reviews of decisions and investigating and attempting to resolve complaints about access to information and protection of privacy involving public bodies under ATIPPA, 2015 and custodians of personal health information under PHIA. The Commissioner may also make recommendations in order to uphold the Acts and support better compliance.

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Media contact
Sean Murray
Office of the Information and Privacy Commissioner
709-729-6309