Legal and Ethical Issues of Face Recognition Technology Deployment: The Case of Clearview AI Inc. Withdrawal from Canada

Abstract

The development and calibration of AI applications, especially face recognition technology (FRT), relies on massive databases of personal information, pictures, and geographic coordinates. Legal and ethical ramifications may not be adequately analyzed prior to deployment. Moreover, what is considered legal and ethical in one jurisdiction may not be in another. This multidisciplinary paper reviews Canada’s state of privacy laws pertaining to face recognition technology (FRT) and AI surveillance. To support this systematic literature review, the author examines the circumstances that led Clearview AI Inc. to withdraw from the Canadian market. Clearview AI Inc. provides face recognition technology (FRT) worldwide to law enforcement and private organizations for investigative purposes. To market its FRT software, Clearview AI offered trial subscriptions to employees of 41 public entities in Canada, including the Royal Canadian Mounted Police (RCMP), which purchased licenses in 2019. Following complaints, the Office of the Privacy Commission of Canada and three provincial privacy protection offices launched a joint investigation. They concluded that Clearview AI’s FRT software and supporting database contravened several Canadian provincial and federal laws. Although it disagreed with the findings, the company voluntarily ceased offering FRT software in Canada in July 2020 and suspended its contract with the RCMP (OPC, 2021). The Clearview AI FRT case provides a cautionary tale of the risks for businesses of not analyzing properly the legal ramifications of AI application in a new jurisdiction.

Presenters

Francine Vachon
Associate Professor of Information Systems, Goodman School of Business, Brock University, Ontario, Canada

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Social Realities

KEYWORDS

Privacy, Laws, Consent, AI, Facial Recognition, FRT