https://www.piquenewsmagazine.com/must-reads/us-mass-surveillance-company-challenges-bc-privacy-watchdog-order-4988007 [p] Skip to content x Pique Newsmagazine Join our Newsletter Sign in or register for your free account * Your Profile * Your Subscriptions * * Support Local News * Payment History * * Sign Out Registered Users Already have an account? Sign In New Users Create a free account. 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Jeremy Hainsworth Jeremy Hainsworth Jan 24, 2022 1:25 PM * Share on Facebook * Share on Twitter * Share on LinkedIn * Forward by Email * Print * Share via Text Message michael-mcevoyThe offices of B.C. privacy commissioner Michael McEvoy (left) and federal commissioner Daniel Therrien, along with Alberta and Quebec counterparts, found last year that Clearview scraped images of faces and associated data from publicly accessible online sources and stored that information in its database. A global 'mass surveillance' company ordered by B.C.'s privacy watchdog to stop collecting British Columbians' images is challenging that order in B.C. Supreme Court. Clearview AI claims B.C.'s Personal Information Protection Act does not apply to the company as it is physically located in the United States. It calls the orders unreasonable and unenforceable. In December, Information and Privacy Commissioner (OIPC) Michael McEvoy ordered the facial recognition company to stop collecting, using and disclosing images of British Columbians without consent. The order was initially a set of February recommendations that the company has refused to comply with, McEvoy's office said. The Quebec and Alberta commissioners issued similar orders. They found the New York-based company violated federal and provincial privacy laws. The recommendations followed a joint investigation report by the Privacy Commissioner of Canada, the Commission d'acces a l'information du Quebec, the Information and Privacy Commissioner for British Columbia, and the Information and Privacy Commissioner of Alberta. "What Clearview does is mass surveillance, and it is illegal," Privacy Commissioner of Canada Daniel Therrien said at the time. "It is completely unacceptable for millions of people who will never be implicated in any crime to find themselves continually in a police line-up." The commissioners found Clearview scraped images of faces and associated data from publicly accessible online sources (including social media) and stored it in its database. Now, in a January petition to the court, Clearview wants a court declaration that the order is unreasonable and an order quashing and setting aside that order. Indeed, the company said, the order must be quashed as the commissioners' finding that the information collected was not public is unreasonable. A suit has not targeted the federal office. Under the national Personal Information Protection and Electronic Documents Act, it does not have order-making powers, that office's spokesperson, Vito Pilieci, said. Clearview said its facial recognition search engine "compares user-provided images of faces to a database of images indexed from public web pages. The tool allows law enforcement and national security agencies to identify victims and perpetrators of crimes. "Clearview's technology enables its clients to investigate serious crimes, enhancing public safety and provide justice to victims," the petition said. "The ability of all search engines to operate in this way is crucial to the free flow of information over the Internet for all users." The company claims the order infringes the company's Charter right to freedom of expression. The company said it has never broadly served Canadian law enforcement agencies. Still, it said the RCMP had been a paying client, and Clearview had provided trial accounts to other Canadian users. Those offerings ceased in July 2020, the company said. However, the issue the commissioners had was that Clearview did not obtain the requisite consent to collect, use, and disclose the personal information of Canadians. The personal information, they concluded, was for an improper purpose. What the commissioners recommended was that Clearview: * cease offering facial recognition services to Canadian clients; * cease collecting, using and disclosing images and biometric facial arrays collected from individuals in Canada, and; * delete images and biometric facial arrays collected from individuals in Canada. The company said those recommendations were impossible to execute. As a result, McEvoy banned the company from offering its services in B.C and turned the recommendations into an order. Clearview asserts the orders are impossible to comply with and are unreasonable and unenforceable. OIPC spokeswoman Michelle Mitchell said the office couldn't comment on the details of the case. jhainsworth@glaciermedia.ca Twitter.com/jhainswo --------------------------------------------------------------------- This has been shared 0 times * 0 Shares * Share on Facebook * Share on Twitter * Share on LinkedIn * Forward by Email * Print * Share via Text Message --------------------------------------------------------------------- Get your daily Whistler news briefing Email [ ] Sign Up --------------------------------------------------------------------- Is Whistler's local news important to you? If it is, we could use your help. Consider a small monthly contribution to support your local journalists. Click here to learn more. --------------------------------------------------------------------- Related Stop 'mass surveillance' of British Columbians, U.S. company told Stop 'mass surveillance' of British Columbians, U.S. company told Dec 15, 2021 10:58 AM Canada crawling toward AI regulatory regime, but experts say reform is urgent Canada crawling toward AI regulatory regime, but experts say reform is urgent Oct 31, 2020 5:19 AM --------------------------------------------------------------------- Comments * Sort + Oldest Newest * Add * Show --------------------------------------------------------------------- This story was important to me or our community: view results > * Not Very * Slightly * Fairly * Very * Extremely --------------------------------------------------------------------- * See a typo/mistake? * Have a story/tip? * * * * News + Local News + BC News + COVID-19 + National News + World News + Local Business + National Business * Sports + Local Sports + National Sports * Opinion + Opinion + Send us a letter + Maxed Out + Pique'n Yer Interest * Arts & Life + Local Arts + Food + Film Reviews + Museum Musings + Travel + Endorsed + Lifestyle + The Mix * Events * Features + Cover Stories + Print Editions + Driving + Weather + Events + Contests + Best of Whistler - Vote + StandOut * Classifieds + Whistler Jobs + Long Term Accommodations + Short Term Accommodations * Support Local News About * About Us * Contact Us * Policies, Terms and Conditions * Our Publications: * Pemberton Visitor's Guide * Crank'd Bike Magazine * FAQ The Insiders' Guide * Whistler Magazine * Discover Squamish * Wishes Whistler Wedding Magazine * Sea to Sky Health & Wellness * Sea to Sky Contractors Glacier Media Group Visit our network of sites: * Alaska Highway News * Burnaby Now * Business in Vancouver * Castanet * Dawson Creek Mirror * Delta Optimist * New West Record * North Shore News * Pique Newsmagazine * Prince George Citizen * REW.ca * Richmond News * Times Colonist * TriCity News * Western Investor Glacier Media Digital (c) 2022 Pique Newsmagazine *