ICBC’s Facial Recognition Technology Off Limits Unless Ordered by Court
Victoria, B.C., – ICBC cannot use its facial recognition technology to identify criminal suspects unless there is a warrant or court order allowing the practice.
That is the finding of Information and Privacy Commissioner Elizabeth Denham.
She had launched an investigation into ICBC’s use of the technology shortly after the Stanley Cup riots last year when ICBC offered to match photographs of riot suspects against those in its driver’s licence database.
Denham concludes that while ICBC is authorized under the Freedom of Information and Protection of Privacy Act (FIPPA) to use the technology for the purpose of detecting and preventing driver’s licence fraud, the corporation failed to notify its customers that facial recognition is in use.
"As public bodies implement new technologies that have significant implications for privacy, such as biometrics, the importance of notification is magnified. The public has a right to know this new technology has been implemented and its purpose," says Denham.
She says ICBC’s offer to Vancouver Police is not authorized under FIPPA.
"A public body can only use personal information for the original purpose it was collected, except in very limited circumstances. ICBC’s offer to use its database to check police-submitted images is clearly a different purpose," said Denham.
Her findings do not mean the police cannot request information from public bodies to assist in a specific investigation, they are still able to do that. They can also acquire a subpoena, warrant or court order.
"Facial recognition has the potential to become a technology of surveillance, and we must ensure that public bodies and private organizations using it or contemplating using it have the legal authority to do so along with strong safeguards to protect personal information," said Denham.
She made five recommendations:
1. ICBC should clearly notify customers that facial recognition technology is in use for the purposes of detecting and preventing driver’s licence fraud. At a minimum, notification should be provided at the following points:
- At all ICBC offices that serve the public .
- On the ICBC website.
- In the written notice for renewal of a driver’s licence or identification card.
- In the application for a new driver’s licence or identification card.
2. ICBC should immediately cease using their facial recognition database to identify persons in images provided by police, unless authorized by a subpoena, warrant or court order.
3. ICBC should establish accountability and leadership on privacy within the corporation, to ensure that privacy is taken into account in decision-making at the executive level.
4. ICBC should implement a privacy impact assessment policy, to set out when and how a privacy impact assessment is completed and reviewed. Technology projects should be reviewed at the conceptual, design AND implementation phases.
5. ICBC should develop a schedule for periodic review of its privacy policies.
The full report can be accessed at: www.oipc.bc.ca
Comments
Why does ICBC need facial recognition software? They are an insurance agency and any reference to preventing drivers license fraud is bogus. They won’t even tell you when your drivers license is expired when you go in to renew your insurance, because it is not a requirement of them to do so or even check. They only take your drivers license to record the DL number for your insurance papers.
ICBC is just another arm of the provincial government. They may try to come across as an independent entity, but they are not.
The facial recognition software is used to prevent drivers licence fraud, as there are some people with multiple drivers licences. Law abiding people do not have multiple drivers licences. Multiple drivers licences are used to commit crimes, including insurance fraud.
ICBC does inform you that your drivers licence expires. They do it about 1-2 months before it expires.
But – you are confusing ICBC with an insurance brokerage. The brokerage sells you ICBC insurance, and have nothing to do with licensing. That being said, any broker should be able to provide you with a contact number for ICBC, should you have any questions they cannot answer. But they can’t read your mind ;)
“Why does ICBC need facial recognition software?”
I think a better question is, why dont the police have this technology?
Is not ICBC our provincial police force or am I mistaken?
I think this is kind of interesting. So ICBC has software that can scan all driver license photos to kick out duplicates. Now, some individuals trashed a bunch of cars insured by ICBC, and ICBC has the ability to identify them, but it would be an invasion of privacy of the individual who smashed the car to use the software to identify them, and if possible, make them pay for the car they trashed. I think if a rioter was concerned about privacy, they probably shouldn’t destroy property in front of a thousand cell phone cameras with their faces exposed. Me, I say identify them, make them pay, because I don’t like paying premiums to fix cars destroyed by drunken hockey fans.
Well put, ski50, I totally agree.
You guys can whine and bitch all you want, but the fact of the matter is.
THE PRIVACY COMMISSIONER IS RIGHT; ICBC IS WRONG.
So thats that.
Interceptor wrote: “I think a better question is, why dont the police have this technology?”
Who says they do not have the software?
The software is useless without a database.
I assume the police have at least a database of mugshots taken at time of arrest. Whether that is digitized, I do not know. They can run the images from the riots against their database, but not against the ICBC database.
Wow, a rational Privacy Commission. I think the report was very well thought out and to the point. Its great to see court order that looks to protect our society from the threats of a police state bureaucracy.
Clearly when it involves privacy of law abiding citizens, then the law should be absolute in defense of those rights to privacy from random unauthorized use. Otherwise the slippery slope and Russel Williams of this world would be free to roam. Eventually democracy itself would be at risk.
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