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5 million Canadian shoppers' images collected at mall kiosks: privacy commissioner – CTV News

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OTTAWA —
Without customers’ knowledge, more than five million images of Canadian shoppers’ were collected through facial recognition software used by Cadillac Fairview, a parent company of malls across the country, according to an investigation by privacy officials.

The federal privacy commissioner reported Thursday that Cadillac Fairview contravened federal and provincial privacy laws by embedding cameras inside digital information kiosks at 12 shopping malls across Canada, and captured users’ images without their consent.

The facial recognition software installed in Cadillac Fairview’s “wayfinding” directories was called “Anonymous Video Analytics (AVA) and through cameras installed behind protective glass, was used in Canadian malls for a brief testing period in 2017 and then was in-use between May and July of 2018.

The software took temporary digital images of the faces of any individual within the field of view of the camera inside the directory and converted the images into biometric numerical representations of each face and used that information to compile demographic information about mall visitors.

According to the report, the technology was used in directories at the following locations:

  • CF Market Mall in Alberta
  • CF Chinook Centre in Alberta
  • CF Richmond Centre in British Columbia
  • CF Pacific Centre in British Columbia
  • CF Polo Park in Manitoba
  • CF Toronto Eaton Centre in Ontario
  • CF Sherway Gardens in Ontario
  • CF Lime Ridge in Ontario
  • CF Fairview Mall in Ontario
  • CF Markville Mall in Ontario
  • CF Galeries d’Anjou in Quebec
  • CF Carrefour Laval in Quebec

According to a statement from Privacy Commissioner of Canada Daniel Therrien, the company said the goal of its cameras was to “analyze the age and gender of shoppers and not to identify individuals.”

The corporation said that it did not collect personal information because the images were briefly looked at and then deleted, however the information generated from the images was being stored by a third-party contractor called Mappedin, which Cadillac Fairview said it was unaware of.

“When asked the purpose for such collection, Mappedin was unable to provide a response, indicating that the person responsible for programming the code no longer worked for the company,” reads the report.

Therrien notes in his report that Cadillac Fairview not being aware of Mappedin’s storage of the information “compounded the risk of potential use by unauthorized parties or, in the case of a data breach, by malicious actors.”

Cadillac Fairview—one of the largest owners and operators of retail and other properties in North America—“expressly disagreed” with the investigation’s findings, telling the commissioners that there were decals placed on shopping mall entry doors noting their privacy policy.

These stickers directed visitors to visit guest services to obtain a copy of the company’s privacy policy, but when the investigators asked a guest services employee at the Eaton location in Toronto, the employee was “confused by the request” and so Therrien found the stickers to be an “insufficient” measure.

“Shoppers had no reason to expect their image was being collected by an inconspicuous camera, or that it would be used, with facial recognition technology, for analysis,” said Therrien in a statement. “The lack of meaningful consent was particularly concerning given the sensitivity of biometric data, which is a unique and permanent characteristic of our body and a key to our identity.”

The investigation was launched in 2018, following several media reports about information kiosks in malls being equipped with unmarked cameras to monitor visitor demographics. Their examination in this case included visiting Cadillac Fairview’s Toronto headquarters to interview key personnel, viewing the AVA technology inside the wayfinding directories in action, and extracting records from the directories for forensic analysis.

The existence of the software came to light after a user posted an image to Reddit of a display screen at the CF Chinook Centre in Calgary showing coding language including “FaceEncoder” and “FaceAnalyzer.”

Commissioner Therrien’s office worked with Alberta Information and Privacy Commissioner Jill Clayton as well as the Information and Privacy Commissioner of British Columbia Michael McEvoy on the investigation.

“Not only must organizations be clear and up front when customers’ personal information is being collected, they must also have proper controls in place to know what their service providers are doing behind the scenes with that information,” Clayton said in a statement.

The trio of commissioners have expressed concern that the company hasn’t accepted their request to commit to ensuring meaningful and express consent is obtained from shoppers in the future should it choose to redeploy similar technology in the future.

In a statement provided to CTV News, Cadillac Fairview notes that the issue has been resolved, the data deleted, and the cameras have been deactivated. As well, the facial recognition software is no longer in use, but the company says it will not commit to its approach to “hypothetical future uses of similar technology.”

“The five million representations referenced in the OPC report are not faces. These are sequences of numbers the software uses to anonymously categorize the age range and gender of shoppers in the camera’s view,” the company said. “We thank the Privacy Commissioner for the report and recommendations on how to further strengthen our privacy practices and agree that the privacy of our visitors must always be a top priority.” 

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RCMP end latest N.B. search regarding teenage girl who went missing in 2021

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BATHURST, N.B. – RCMP in New Brunswick say a weekend ground search for evidence related to the disappearance of a teenage girl in 2021 didn’t reveal any new information.

In an emailed statement, the RCMP said 20 people participated in the search for evidence in the case of Madison Roy-Boudreau of Bathurst.

The release said the search occurred in the Middle River area, just south of the girl’s hometown.

Police have said the 14-year-old’s disappearance is being treated as a homicide investigation.

The RCMP said the search “did not reveal any new information regarding the circumstances of her disappearance.”

There are no plans for another search until police receive a tip or a lead pointing to a new search area.

This report by The Canadian Press was first published Oct. 21, 2024.

The Canadian Press. All rights reserved.



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Man Tasered after trespassing in Victoria school, forcing lockdown

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VICTORIA – A middle school in Victoria was forced into a lockdown after a man entered the building without permission, and police say they had to use a stun gun to make an arrest.

Victoria police say officers received multiple calls around noon on Monday of an unknown male entering Central Middle School, leading staff to set off emergency procedures that put the building under lockdown.

Police say its emergency response team arrived within minutes and found the suspect, who “appeared to be in a drug-induced state,” in the school’s library.

A statement from police says the suspect resisted arrest, and officers had to use a Taser to subdue the man.

He’s being held by police and has been assessed by emergency medical staff.

Police say the man was not armed and there were no continuing safety concerns for students and staff following the arrest.

This report by The Canadian Press was first published Oct. 21, 2024.

The Canadian Press. All rights reserved.



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B.C. Greens’ ex- leader Weaver thinks minority deal with NDP less likely than in 2017

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VANCOUVER – Former B.C. Green leader Andrew Weaver knows what it’s like to form a minority government with the NDP, but says such a deal to create the province’s next administration is less likely this time than seven years ago.

Weaver struck a power-sharing agreement that resulted in John Horgan’s NDP minority government in 2017, but said in an interview Monday there is now more animosity between the two parties.

Neither the NDP nor the B.C. Conservatives secured a majority in Saturday’s election, raising the prospect of a minority NDP government if Leader David Eby can get the support of two Green legislators.

Manual recounts in two ridings could also play an important role in the outcome, which will not be known for about a week.

Weaver, who is no longer a member of the Greens, endorsed a Conservative candidate in his home riding.

He said Eby would be in a better position to negotiate if Furstenau, who lost her seat, stepped aside as party leader.

“I think Mr. Eby would be able to have fresh discussions with fresh new faces around the table, (after) four years of political sniping … between Sonia and the NDP in the B.C. legislature,” he said.

He said Furstenau’s loss put the two elected Greens in an awkward position because parties “need the leader in the legislature.”

Furstenau could resign as leader or one of the elected Greens could step down and let her run in a byelection in their riding, he said.

“They need to resolve that issue sooner rather than later,” he said.

The Green victories went to Rob Botterell in Saanich North and the Islands and Jeremy Valeriote in West Vancouver-Sea to Sky.

Neither Botterell nor Valeriote have held seats in the legislature before, Weaver noted.

“It’s not like in 2017 when, you know, I had been in the (legislature) for four years already,” Weaver said, adding that “the learning curve is steep.”

Sanjay Jeram, chair of undergraduate studies in political science at Simon Fraser University, said he doesn’t think it’ll be an “easygoing relationship between (the NDP and Greens) this time around.”

“I don’t know if Eby and Furstenau have the same relationship — or the potential to have the same relationship — as Horgan and Weaver did,” he said. “I think their demands will be a little more strict and it’ll be a little more of a cold alliance than it was in 2017 if they do form an alliance.”

Horgan and Weaver shook hands on a confidence-and-supply agreement before attending a rugby match, where they were spotted sitting together before the deal became public knowledge.

Eby said in his election-night speech that he had already reached out to Furstenau and suggested common “progressive values” between their parties.

Furstenau said in her concession speech that her party was poised to play a “pivotal role” in the legislature.

Botterell said in an election-night interview that he was “totally supportive of Sonia” and he would “do everything I can to support her and the path forward that she chooses to take because that’s her decision.”

The Green Party of Canada issued a news release Monday, congratulating the candidates on their victories, noting Valeriote’s win is the first time that a Green MLA has been elected outside of Vancouver Island.

“Now, like all British Columbians we await the final seat count to know which party will have the best chance to form government. Let’s hope that the Green caucus has a pivotal role,” the release said, echoing Furstenau’s turn of phrase.

The final results of the election won’t be known until at least next week.

Elections BC says manual recounts will be held on Oct. 26 to 28 in two ridings where NDP candidates led B.C. Conservatives by fewer than 100 votes after the initial count ended on Sunday.

The outcomes in Surrey City Centre and Juan de Fuca-Malahat could determine who forms government.

The election’s initial results have the NDP elected or leading in 46 ridings, and the B.C. Conservatives in 45, both short of the 47 majority mark in B.C.’s 93-seat legislature.

If the Conservatives win both of the recount ridings and win all other ridings where they lead, Rustad will win with a one-seat majority.

If the NDP holds onto at least one of the ridings where there are recounts, wins the other races it leads, and strikes a deal with the Greens, they would have enough numbers to form a minority government.

But another election could also be on the cards, since the winner will have to nominate a Speaker, reducing the government’s numbers in the legislature by one vote.

Elections BC says it will also be counting about 49,000 absentee and mail-in ballots from Oct. 26 to 28.

The NDP went into the election with 55 ridings, representing a comfortable majority in what was then an 87-seat legislature.

Jeram, with Simon Fraser University, said though the counts aren’t finalized, the Conservatives were the big winners in the election.

“They weren’t really a not much of a formal party until not that long ago, and to go from two per cent of the vote to winning 45 or more seats in the B.C. provincial election is just incredible,” he said in an interview Monday.

Jeram said people had expected Eby to call an election after he took over from John Horgan in 2022, and if he had, he doesn’t think there would have been the same result.

He said the B.C. Conservative’s popularity grew as a result of the decision of the BC Liberals to rebrand as BC United and later drop out.

“Had Eby called an election before that really shook out, and maybe especially before (Pierre) Poilievre, kind of really had the wind in his sails and started to grow, I think he could have won the majority for sure.”

He said he wasn’t surprised by the results of the election, saying polls were fairly accurate.

“Ultimately, it really was a result that we saw coming for a while, since the moment that BC United withdrew and put their support behind the conservatives, I think this was the outcome that was expected.”

— With files from Darryl Greer

This report by The Canadian Press was first published Oct. 21, 2024.



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