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ARTICLE · 04 OCTOBER 2023

Balancing Facial Recognition Technology And Privacy Laws: The Retail Dilemma

Aird & Berlis LLP
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In April 2023, British Columbia's privacy commissioner held that 12 Canadian Tire stores breached the province's privacy laws by using facial recognition technology ("FRT") without first obtaining their customers' consent.

CanadaPrivacy
Sairam Sanathkumar
Sairam Sanathkumar
Joshua Ward
Joshua Ward
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In April 2023, British Columbia's privacy commissioner held that 12 Canadian Tire stores breached the province's privacy laws by using facial recognition technology ("FRT") without first obtaining their customers' consent. Obtaining valid consent from data subjects is the cornerstone of Canadian privacy laws, including British Columbia's Personal Information Protection Act ("PIPA"), legislation deemed substantially similar to the federal privacy law, the Personal Information Protection and Electronic Documents Act ("PIPEDA"). Following the finding of breach of PIPA, B.C.'s privacy commissioner recommended that the province amend PIPA to create additional obligations for organizations that collect, use or disclose biometric information, including requiring notice to the province's privacy commissioner.

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