Bi-Weekly Briefing 1- 13 February 2021
U.S.-Based Firm Clearview AI Violated Canadian Privacy Laws, Commissioners Say
An investigation conducted by four Canadian Privacy Commissioners has found U.S.-based technology firm Clearview AI violated Canadian’s reasonable expectation of privacy through illegal mass surveillance. The firm provides facial recognition software services, and sold subscriptions to Canadian police forces. The privacy commissioners are calling on parliament to imbue the commissioner role with greater authorities, and to enhance data privacy laws.
Clearview AI’s facial recognition software uses a database of 3 billion faces obtained from social media without user consent, and these images are compared with the photo of an unknown person, primarily for use in the context of an investigation. The database contained images of Canadians, including children. The investigation showed that police forces such as the RCMP, OPP, and Toronto Police Service had held subscriptions to the software service, after the firm offered detectives and officers trial accounts. The RCMP were the last force to lose the service, in July 2020, after Clearview AI suspended its subscription in accordance with the firm’s agreement to discontinue its services in Canada. In all, 48 Canadian entities held subscriptions, including private sector organizations. The privacy commissioners have further demanded that Clearview AI discontinue its data collection on Canadian citizens and delete any related files. Clearview AI has so far resisted these demands. Many of those who had been included in the database police services had access to “have never been and will never be implicated in a crime”. Civil liberties and privacy advocacy groups have told Public Safety Minister Bill Blair that such facial recognition software cannot be considered safe for use in a Canadian context without an appropriate policy for regulation.
Canadian Visa Application Centres in Beijing Controlled by Chinese Security Services
The Beijing Municipal Public Security Bureau owns the Beijing Shuangxiong Foreign Service Company, which is tasked with gathering information on people seeking visas to Canada. The company’s ownership by Chinese security services raises concerns around the ability to protect the private and confidential information of visa applicants.
VFS Global is contracted by the Canadian government to provide visa processing services internationally. In performing these services, the firm is involved in the collection of individuals’ personal and biometric data, to be analyzed by Canadian immigration officials. These details are used in the determination of visa approvals. This data has a high intelligence value as it offers insights into what individuals are granted visas, and what causes someone to be declined, allowing for an easier time in planting agents in foreign societies. Muslims in China can potentially be designated terrorists just for instigating a visa application to leave the country. This is a major threat for members of discriminated groups if they apply for Canadian visas on humanitarian grounds while their privacy is compromised. Canadian opposition parties, including Members of Parliament for the NDP party, have expressed great concern over the potential security breaches and reached out to the Immigration Minister and Public Services Minister. VFS Global’s Chief Communications Officer Peter Burns offered reassurance that the collected data is first encrypted and then immediately and securely sent to be stored on Canadian servers, where only Canadian government officials have access to the data. Remi Lariviere spoke on behalf of the Department of Citizenship and Immigration in saying that international visa-application centres are closely monitored by Canadian officials to ensure adherence to privacy standards.
DND Conducted AI Hiring Process Without Proper Documentation
Canadian Privacy Commissioners have criticized National Defence for engaging in an AI-facilitated recruitment program without following policy guidelines around responsible technology use. DND’s goal with its use of AI was to improve the diversity of its workplace while recruiting for its executive ranks. The policies were implemented in response to concerns AI raises around privacy and human rights.
An April 2020 Treasury Board Secretariat directive requires federal departments and agencies to provide them with an algorithm impact assessments when using AI tools. DND failed to provide this assessment, and also failed to provide the Privacy Commissioner office with a privacy impact statement. The algorithm impact statement is designed to measure the likelihood of bias occurring with the use of predictive technology. DND made use of services provided by the firms Knockri and Plum who provided assessments of candidates to hiring managers, including evaluations of behaviours, personalities, cognitive abilities, and social acumen. In this process, the firms collect psychological profiles and video and audio records. The recruitment process closed on September 25, 2020. The algorithm impact assessment also seeks to identify any problems involving privacy and fairness relating to the firms. Since the policy on assessments came into effect, there has only been a single submission by a federal department. The candidates for the DND executive program could opt out of the AI assessment for a more traditional alternative screening method. In 2016, Treasury Board of Canada Secretariat also tasked federal departments and agencies with providing them an inventory of the datasets in their possession, with agencies such as the RCMP having never submitted, nor having established a timeline to, submit such an inventory.
Canada to Draw on COVAX Vaccine Doses Intended for Low-Income Nations
Canada is drawing on the Covid-19 vaccine dose resources of a program intended primarily for distribution to low- and middle-income countries, one of the few Group of Seven nations to do so. Canada’s vaccine rollout, an effort to stabilize a pandemic which has disrupted international economic and social life since the beginning of 2020, has been met with supply chain disruptions and shipment delays. Since 2020, Canada has seen over 800 000 Covid-19 cases, and more than 20 000 deaths.
The COVAX Program is provided with funding from wealthy nations to help facilitate the purchase of vaccine doses for 92 low- and middle-income countries. In September 2020, Canada dedicated itself to provide COVAX with $440 million in funding, with the understanding half of the funding would allow Canada to acquire 15 million doses from the program. The remaining funds would be set aside for low- and middle-income nations. The federal government stated that the intention was always to draw from the COVAX program to supplement doses acquired from other sources, while providing funding. The COVAX doses are in addition to seven other contracts Canada has formed with various pharmaceutical suppliers, with Canadian officials including Prime Minister Justin Trudeau confidently asserting that the Pfizer and Moderna shipments alone will be sufficient to inoculate every Canadian by September 2021. New Zealand and Singapore are among other wealthy nations to take COVAX doses. The exact number of doses to be supplied by the COVAX program range from 1.9 million doses, up to 3.2 million doses as stated by Procurement Minister Anita Anand. COVAX provided a low range of an expected 1.9 million doses to account for potential supply constraints, and the doses are set to arrive by the end of June 2021. Any surplus Canadian doses will be shared with COVAX, with the program expecting to provide 1.3 billion doses to the 92 lower-income nations.