Facial recognition technology excluded from IPC's review

Mon, Oct 21, 2024

In spring 2024, the Department of Highways and Public Works (HPW) requested that we review four provisions of the draft Traffic Safety Act (Bill No. 44) intended to replace the Motor Vehicles Act. The Information and Privacy Commissioner's office provided written comments outlining concerns with the Act’s broad language and its insufficient definition of the purposes for collecting, using and disclosing personal information. The government did not respond to our comments, and it also did not inform us of the Act’s facial recognition technology (FRT) provision.

In early October, we discovered the FRT provision while listening to the debate in the assembly – a routine practice to ensure that draft bills align with our mandates and best practices. We learned that the Act was tabled, proceeded through first and second reading, and was debated in the Committee of the Whole without asking for our feedback on the facial recognition technology provision. It is customary for the government to request our review when contemplating or modifying an Act that is relevant to our mandates.

On October 10, the Commissioner wrote to the Minister of Highways and Public Works and copied opposition leaders due to the sensitive nature of this biometric information and because the passing of the Bill was imminent.

After bringing this matter to light, the Authority contacted our office to discuss our concerns. After several meetings, the Authority agreed to make amendments to the Bill that would address our concerns, as stated in the following letter and appendix.

On October 21, the Commissioner wrote his final letter to the Minister.

In the subsequent debate in the Legislative Assembly, the Minister responsible for Highways and Public Works acknowledged what he regarded as an oversight and welcomed our input.