Information & Ethics committee  We have produced several public reports recommending that federal legislation reform be approached from the angle of protecting privacy rights. We have submitted several reports to Parliament along these lines. We had some exchanges with officials at the Department of Innovation, Science and Economic Development, but we never saw the bill before it was introduced.

Information & Ethics committee  We did more than just consider it, we prepared a brief. Following the bill's passage in November, we worked very hard to analyze it from every angle. Members who wish to do so can review this brief, which analyzes the bill and makes several recommendations to amend it.

Information & Ethics committee  Do you mean as to facial recognition?

Information & Ethics committee  Bill C-11, as mentioned, does not have a human rights approach to the privacy law in question. It would be very beneficial if the proposed CPPA had a human rights foundation because then the principle of accuracy that I just alluded to could be used to ensure that potential discrimination against populations in the use of facial recognition would be part of our remit to ensure that, under privacy principles, technology that would result in discrimination would be found contrary to privacy.

Information & Ethics committee  I'll say something on the general level because we have not completed our investigation on the RCMP. The issue you raise is central. Obviously, whether it's companies or government departments—including law enforcement agencies—that use facial recognition, they should have processes ahead of the implementation of these technologies to assess the impact that they may have in order to ensure that privacy is respected.

Information & Ethics committee  You mean the nature of our expertise.

Information & Ethics committee  We do have a group of technologists. Roughly 12 individuals who are experts in technology assist in our policy development and investigative activity. In terms of the kinds of people, I think we have the right people. Then there's the question of how many resources, and that was the subject of some discussion in the last hour.

Information & Ethics committee  That's a huge issue.

Information & Ethics committee  When the time comes to share personal information outside Canada, and still do it in a privacy-protected way, I think there needs to be additional safeguards to those that apply within Canada, because the risks to privacy are not the same when the data leaves the country. This does not mean that we should live in a data localization world where the data of Canadians does not leave Canada, but I think it's important to acknowledge that the risks are higher when the data leaves Canada.

Information & Ethics committee  There's certainly a lot of literature and analysis by academics and experts on this question. We have not actually made findings on this in the context of Clearview AI, but we have read a lot of very credible scientific research that is concerned with whether the technology is sufficiently precise, particularly in the case of racialized communities, to be used in a way that does not violate privacy or other rights like equality rights.

Information & Ethics committee  I will answer the question by going back to the point that I made early in my statement that facial recognition can serve society. At the border, for instance, it can greatly accelerate and make more efficient the triage of individuals who wish to cross the border. In police and law enforcement, it can facilitate the resolution of crimes or find missing persons.

Information & Ethics committee  Canada was once a leader in privacy protection, but unfortunately, that is no longer the case. Many countries, not only in Europe, but also in South America and Asia, such as South Korea and Singapore, are very innovative. They have laws that protect privacy better than Canada's.

Information & Ethics committee  I don't think I'm the best person to answer your question.

Information & Ethics committee  I am concerned with the creation of this additional layer in the process. I'm concerned, obviously, not because I'm concerned with the issue of fairness towards companies who would be the subject of order-making. I totally get the point that it is important that the system as a whole provides fairness to both complainants and companies.

Information & Ethics committee  Obviously, it's a very broad question. I will try to do justice to it in a few seconds or minutes. Consent is a fundamental aspect of the current law, PIPEDA, and it will continue to have a central role under the CPPA under Bill C-11, so there is a place for consent in privacy in 2021.