Exceptions From Consent In PIPEDA: Facial Recognition, Privacy And Clearview

PIPEDA requires consent for the collection, use and disclosure of personal information. PIPEDA also has many exceptions where consents are not required. These exceptions are part of the balance in PIPEDA and enable uses of public information for beneficial purposes that are in the public interest. The collection of photos from online sources by Clearview AI, Inc. ("Clearview") using facial recognition software to facilitate use by law enforcement was recently found to be illegal following a joint investigation by the federal Office of the Privacy Commissioner of Canada ("OPC" or the "Commissioner") and privacy Commissioners from Quebec ("CAI"), Alberta ("OIPC AB"), and British Columbia ("OIPC BC") (collectively, the "Offices"). In making the findings in PIPEDA Report of Findings #2021-001 ("Findings"), the Offices concluded that exceptions from consent in PIPEDA must be narrowly construed and that the publicly available exemption set out in the Regulations