Information and Privacy Commissioner for British Columbia Michael McEvoy during a news conference in Vancouver, Tuesday, Nov. 26, 2019. THE CANADIAN PRESS/Darryl Dyck

Information and Privacy Commissioner for British Columbia Michael McEvoy during a news conference in Vancouver, Tuesday, Nov. 26, 2019. THE CANADIAN PRESS/Darryl Dyck

Canada crawling toward AI regulatory regime, but experts say reform is urgent

Clearview AI said in July it will no longer provide facial recognition services in Canada

On Thursday, privacy watchdogs revealed that five million images of shoppers’ faces were collected without their consent at a dozen of Canada’s most popular malls.

Real estate company Cadillac Fairview embedded cameras equipped with facial-recognition technology, which draws on machine-learning algorithms, in digital information kiosks to discern shoppers’ ages and genders, according to an investigation by the federal, Alberta and B.C. privacy commissioners.

But the commissioners had no authority to levy fines against the firm, or any companies that violate Canadians’ personal information, an “incredible shortcoming of Canadian law that should really change,” B.C. information and privacy commissioner Michael McEvoy said in an email.

The revelation shines a light on the legal void around algorithmic technology. Despite its status as an artificial-intelligence hub, Canada has yet to develop a regulatory regime to deal with problems of privacy, discrimination and accountability to which AI systems are prone, prompting renewed calls for regulation from experts and businesses.

“We are now being required to expect systematic monitoring and surveillance in the way that we walk down the road, drive in our cars, chat with our friends online in small social-media bubbles. And it changes the way that public life occurs, to subject that free activity to systematic monitoring,” said Kate Robertson, a Toronto-based criminal and constitutional lawyer.

At least 10 Canadian police agencies, including the RCMP and Calgary and Toronto police services, have used Clearview AI, a facial-recognition company that scraped images from the Internet for use in law enforcement investigations across the continent, according to a report co-written by Robertson.

Other Ontario police forces also may be “unlawfully intercepting” private conversations in online chat rooms via “algorithmic social-media surveillance technology,” according to the September report from the University of Toronto’s Citizen Lab and International Human Rights Program.

Clearview AI said in July it will no longer provide facial recognition services in Canada, but many companies offer similar services.

“We have seen the lack of clear limits and focused regulation leaving an overly broad level of discretion in both the public and police sectors that is a call to action for governments across the country,” Robertson said in a phone interview.

Canada needs to roll out concrete rules that balance privacy and innovation, said Carolina Bessega, co-founder and chief scientific officer of Montreal startup Stradigi AI.

Public trust in artificial intelligence becomes increasingly crucial as machine-learning companies move from the conceptual to the commercial stage, she said. “And the best way to trust AI is to have clear regulations.”

The regulatory vacuum also discourages businesses from deploying AI, holding back innovation and efficiency — particularly in hospitals and clinics, where the implications can be life or death.

“Right now it’s like a grey area, and everybody’s afraid making the decision of, ‘OK, let’s use artificial intelligence to improve diagnosis, or let’s use artificial intelligence to help recommend a treatment for a patient,’” Bessega said.

Innovation Minister Navdeep Bains tells The Canadian Press that an update to 20-year-old privacy legislation is due “in the coming weeks” to address gaps in personal-data protection, but refused to nail down a timeline.

The would-be law should “empower Canadians to have better accountability and to promote responsible innovation,” he said.

Bains pointed to the European Union’s General Data Protection Regulation from 2018 as a model that hands citizens more control over their privacy and digital information through “clear enforcement mechanisms,” he said.

The absence of an AI legal framework has implications for Canadians in areas ranging from law enforcement to immigration.

So-called predictive policing — automated decision-making based on data that predicts where a crime will occur or who will commit it — has had a disproportionate impact on racialized communities, said Robertson of Citizen Lab.

Examples include a now-abandoned Chicago police initiative where the majority of people on a list of potential perpetrators were Black men who had no arrests or shooting incidents to their names, as well as a scuttled Los Angeles police strategy that saw officers targeting possible crime hot spots based on information gleaned from utility bills, foreclosure records and social-service files.

Since 2015, police departments in Vancouver, Edmonton, Saskatoon and London, Ont. have implemented or piloted predictive policing.

The federal immigration and refugee system also relies on algorithm-driven decisions to help determine factors such as whether a marriage is genuine or if someone should be designated as a “risk,” according to another Citizen Lab study, which found the practice threatens to violate human-rights law.

AI testing and deployment in Canada’s military prompted Canadian deep-learning pioneers Geoffrey Hinton and Yoshua Bengio to warn about the dangers of robotic weapons and outsourcing lethal decisions to machines, and to call for an international agreement on their deployment.

The federal government launched the Advisory Council on Artificial Intelligence in May 2019, and Canada was among the first states to develop an official AI research plan, unveiling a $125-million strategy in 2017. But the focus of both is largely scientific and commercial.

The advisory council, which includes a working group that aims to “foster trust” in the technology, has yet to produce a public report.

In June, Canada, France and 13 other countries launched an international AI partnership to guide policy development with an eye to human rights, with its working group on responsible AI co-chaired by Bengio (who also co-chairs the advisory council). But drafting laws is beyond its mandate.

“Canada’s approach to AI appears to be focused on funding research as opposed to developing regulations and governance structures,” according to a U.S. Library of Congress report from January 2019.

Until legislation arrives in Parliament, experts say the observation still holds true.

Christopher Reynolds, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Technology

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

COVID-19. (Image courtesy CDC)
81 new cases of COVID-19 detected in Interior Health Friday

One additional staff member at Kelowna long-term care home tests positive, no new deaths

(File)
One death and 82 new cases of COVID-19 in Interior Health

1,981 total cases, 609 are active and those individuals are on isolation

Paramedic Jason Manuel, dressed in PPE, inspects an ambulance at Station 341 on Nov. 30. (Phil McLachlan - Black Press Media)
Second wave, twice the anxiety; Okanagan paramedics reflect on pandemic from the front line

‘I don’t know who that (next) person is going to be, I don’t want it to be me or my family’: Paramedic

Dr. Albert de Villiers, Chief Medical Health Officer for the Interior Health Authority. (Contributed)
‘People need to start listening’: IH top doc combats COVID-19 misconceptions

Dr. Albert de Villiers says light at the end of the tunnel will grow in step with people’s adherence to PHO guidance

The Regional District of Okanagan-Similkameen is working to create an official community plan for Electoral Area G, which includes Hedley, Olalla and the rural area around Keremeos. (Black Press file photo)
Committee members sought for Regional District of Okanagan-Similkameen OCP committee

Electoral Area G includes Hedley, Olalla and rural area around Keremeos

Pickleball game in Vancouver on Sunday, November 8, 2020. B.C.’s public health restrictions for COVID-19 have been extended to adult team sports, indoors and outside. THE CANADIAN PRESS/Darryl Dyck
711 more COVID-19 cases detected in B.C. Friday

‘Virus is not letting up and neither can we’

It was an opening day filled with blue skies, sun and COVID-19 protocols at Vernon’s SilverStar Mountain Resort Friday, Dec. 4, 2020. (Brendan Shykora - Morning Star)
VIDEO: Passholders enjoy sunny opening day at Silver Star Mountain

Resort staff say parking reservations, COVID-19 protocols went smoothly Friday, Dec. 4

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

The Siberian elm is an invasive plant. In Manitou Park in Naramata, crews are working to remove these trees and plant native species instead (File photo)
Crews remove Siberian elms from Naramata park

Invasive plant identified as a problem in region

Victoria-based driving instructors are concerned for their own and the community’s safety with the continued number of residents from COVID hotspots in the Lower Mainland coming to the city to take their driving road tests. (Black Press Media file photo)
Students from COVID hotspots travel to Vancouver Island for driving tests

Union leader calls on government to institute stronger travel ban

RCMP. (Phil McLachlan - Capital News)
Two arrested after attack at Vernon home

Police spotted around 43rd Avenue linked to Wednesday assault

Most Read