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May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  I'm going to return to what I heard last week. The RCMP says that it is not doing mass surveillance. I have no reason to doubt this. The RCMP could demonstrate that it is using facial recognition for compelling reasons by committing to using it only for such purposes. I noted las

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  Thank you for that. While the RCMP disagreed with our conclusion at law that the RCMP itself was breaching the public sector law by relying on Clearview, they did co-operate significantly with us in recognizing that they should have a better verification system when they use ne

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  They have not yet, and they are unlikely to meet the 12-month deadline, but we are making good progress, and I see a genuine effort on their part. It is a relatively complex issue, but we obviously would like to see this implemented as soon as possible.

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  This language refers back to the absence, at that time, of any system at the RCMP to ensure that when new technology is used by its officers, there is a verification and approval process within the RCMP to ensure that the technology respects the law, including privacy rights. T

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  The RCMP has set up a system. It's the implementation of the details of the system—for instance, the training to be given to officers—that is taking more time to define than we had hoped. I would suggest that you ask the RCMP how long it's going to take. We have asked them ours

May 2nd, 2022Committee meeting

Daniel Therrien

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  Clearview stopped offering its services in Canada in 2020, I believe, while we were still investigating, but it is in court challenging the decisions of my colleagues, I believe because they do not want to give an undertaking in perpetuity that they will not offer their services.

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  I'll give a lawyerly answer, which I think will be clear. The provision at play is the provision of the Privacy Act that governs the collection of information, in this case by the RCMP. What the RCMP is saying is that this section, section 4 of the Privacy Act, does not explici

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  The short answer is yes. We've recommended that many times. Yes.

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  No, I am not. We asked how many times they'd used it, and I believe it was in the tens of cases. As to the convictions, no, I do not know the number.

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  I think that's speculative. The RCMP says, which I have no reason to doubt, that when they use the technology, there's human review. That tells me that there's a police officer who then undertakes an investigation and presents evidence through a Crown attorney under the normal ru

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  We're not aware of other FRT systems that the RCMP is using. There are, of course, many FRT systems other than Clearview, but they do not all have the same level of accuracy, which is a concern. As far as the RCMP is concerned, we do not know that they are using a system other

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  That's a good question. My starting point would be to say that we do have laws. Obviously, we have the charter and we have the common law, and there are some statutes like the RCMP Act that govern the situation. In the private sector, we have PIPEDA. To your point about flexib

May 2nd, 2022Committee meeting

Daniel Therrien

Information & Ethics committee  The short answer is yes, we do work with the Competition Bureau. We have discussions with them fairly regularly, but both of us, the bureau and the OPC, are limited by our current laws in that we are not able to share, for instance, detailed information that we gather in the cont

May 2nd, 2022Committee meeting

Daniel Therrien