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ETHI Committee Report

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LIST OF RECOMMENDATIONS

 

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada amend section 4 of the Privacy Act to require a government institution to ensure that the practices of any third party from which it obtains personal information are lawful.

Recommendation 2

That the Government of Canada ensure that airports and industries publicly disclose the use of facial recognition technology including with, but not limited to, signage prominently displayed in the observation area and on the travel.gc.ca website.

Recommendation 3

That the Government of Canada refer the use of facial recognition technology in military or intelligence operations, or when other uses of facial recognition technology by the state have national security implications, to the National Security and Intelligence Committee of Parliamentarians for study, review and recommendation; and that the Committee report its findings.

Recommendation 4

That the government, in the creation of its regulatory framework around the use of facial recognition technology, set out clear penalties for violations by police.

Recommendation 5

That the Government of Canada amend its procurement policies to require government institutions that acquire facial recognition technology or other algorithmic tools, including free trials, to make that acquisition public, subject to national security concerns.

Recommendation 6

That the Government of Canada create a public AI registry in which all algorithmic tools used by any entity operating in Canada are listed, subject to national security concerns.

Recommendation 7

That the Government of Canada enhance the Treasury Board Directive on Automated Decision-Making to ensure the participation of civil society groups in algorithmic impact assessments and to impose more specific requirements for the ongoing monitoring of artificial intelligence systems.

Recommendation 8

That the Government of Canada increase its investment in initiatives to study the impact of artificial intelligence on various demographic groups, increase digital literacy, and educate Canadians about their privacy rights.

Recommendation 9

That the Government of Canada ensure the full and transparent disclosure of racial, age or other unconscious biases that may exist in facial recognition technology used by the government, as soon as the bias is found in the context of testing scenarios or live applications of the technology, subject to national security concerns.

Recommendation 10

That the Government of Canada establish robust policy measures within the public sector for the use of facial recognition technology which could include immediate and advance public notice and public comment, consultation with marginalized groups and independent oversight mechanisms.

Recommendation 11

That the government define in appropriate legislation acceptable uses of facial recognition technology or other algorithmic technologies and prohibit other uses, including mass surveillance.

Recommendation 12

That the Government of Canada amend the Privacy Act to require that prior to the adoption, creation, or use of facial recognition technology, government agencies seek the advice and recommendations of the Privacy Commissioner, and file impact assessments with his or her office.

Recommendation 13

That the Government of Canada update the Canadian Human Rights Act to ensure that it applies to discrimination caused by the use of facial recognition technology and other artificial intelligence technologies.

Recommendation 14

That the Government of Canada implement the right to erasure (“right to be forgotten”) by requiring service providers, social media platforms and other online entities operating in Canada to delete all users’ personal information after a set period following users’ termination of use, including but not limited to uploaded photographs, payment information, address and contact information, posts and survey entries.

Recommendation 15

That the Government of Canada implement an opt-in-only requirement for the collection of biometric information by private sector entities and prohibit such entities from making the provision of goods or services contingent on providing biometric information.

Recommendation 16

That the Government of Canada strengthen the ability of the Privacy Commissioner to levy meaningful penalties on government institutions and private entities whose use of facial recognition technology violates the Privacy Act or the Personal Information Protection and Electronic Documents Act to deter future abuse of the technology.

Recommendation 17

That the Government of Canada amend the Privacy Act and the Personal Information Protection and Electronic Documents Act to prohibit the practice of capturing images of Canadians from the internet or public spaces for the purpose of populating facial recognition technology databases or artificial intelligence algorithms.

Recommendation 18

That the Government of Canada impose a federal moratorium on the use of facial recognition technology by (Federal) policing services and Canadian industries unless implemented in confirmed consultation with the Office of the Privacy Commissioner or through judicial authorization; that the Government actively develop a regulatory framework concerning uses, prohibitions, oversight and privacy of facial recognition technology; and that the oversight should include proactive engagement measures, program level authorization or advance notification before use, and powers to audit and make orders.

Recommendation 19

That the federal government ensure that appropriate privacy protections are put in place to mitigate risks to individuals, including measures addressing accuracy, retention and transparency in facial recognition initiatives as well as a comprehensive strategy around informed consent by Canadians for the use of their private information.