Facial Recognition Moratorium Briefing #2: Conditions for Lifting a Moratorium on Public Use of Facial Recognition Technology in Canada

Résumé analytique

This briefing is the second of two on facial recognition technology (FRT) in Canada, focusing on the conditions for lifting a federal moratorium. The first briefing addressed how FRT works and is used, along with the implications of a federal moratorium; this one outlines the technological, social, policy, and legal conditions required before a Canadian moratorium on FR systems could be lifted.

Amid growing calls for Canada to impose a national moratorium on facial recognition technology, the briefing argues that a holistic approach addressing both technical and policy conditions is needed. Some private companies, such as Microsoft and Amazon, have enacted their own moratoriums on selling FR technology to law enforcement, though these do not limit current uses of their services. Clearview AI ceased all Canadian operations following an investigation by the Office of the Privacy Commissioner (OPC) into use of its services by the RCMP and the Toronto Police.

The briefing contends that private-sector moratoriums are not a solution to the policy implications of FRT systems, nor adequate fixes for structural technological problems; instead, industry-led moratoriums present an opportunity for the Canadian government to enact a national moratorium, affording time to evaluate and develop necessary conditions for FR technology companies and public sector actors. These conditions should include data governance frameworks, accountability measures, privacy protections, and social impact assessments. Technological conditions for lifting a moratorium are inseparable from the social and policy considerations, and must be implemented in tandem for any decision on FR use in the public sector — for instance, if bias and accuracy conditions are met but data protection conditions are not, the moratorium should not be lifted. Achieving this may require strengthening existing laws, such as PIPEDA, alongside new policies specific to biometric or FRT systems.