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Privacy investigation finds 5 million shoppers' images collected at malls across Canada – 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.”

In an interview on CTV’s Power Play, Deputy Commissioner Brent Homan called it a “massive invasion of privacy” and not one that shoppers would have expected while at the mall. Homan said that one of the lessons Canadians should take away from this report is that facial recognition software is available for companies to use, and while they encourage entities to ask for consent before deploying it on the public, that’s not always the case. 

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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Langford, Heim lead Rangers to wild 13-8 win over Blue Jays

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ARLINGTON, Texas (AP) — Rookie Wyatt Langford homered, doubled twice and became the first Texas player this season to reach base five times, struggling Jonah Heim delivered a two-run single to break a sixth-inning tie and the Rangers beat the Toronto Blue Jays 13-8 on Tuesday night.

Leody Taveras also had a homer among his three hits for the Rangers.

Langford, who also walked twice, has 12 homers and 25 doubles this season. He is hitting .345 in September.

“I think it’s really important to finish on a strong note,” Langford said. “I’m just going to keep trying to do that.”

Heim was 1-for-34 in September before he lined a single to right field off Tommy Nance (0-2) to score Adolis García and Nathaniel Lowe, giving Texas a 9-7 lead. Heim went to the plate hitting .212 with 53 RBIs after being voted an All-Star starter last season with a career-best 95 RBIs. He added a double in the eighth ahead of Taveras’ homer during a three-run inning.

Texas had 13 hits and left 13 men on. It was the Rangers’ highest-scoring game since a 15-8 win at Oakland on May 7.

Matt Festa (5-1) pitched 1 1/3 scoreless innings to earn the win, giving him a 5-0 record in 13 appearances with the Rangers after being granted free agency by the New York Mets on July 7.

Nathan Eovaldi, a star of Texas’ 2023 run to the franchise’s first World Series championship, had his worst start of the year in what could have been his final home start with the Rangers. Eovaldi, who will be a free agent next season, allowed 11 hits (the most of his two seasons with Texas) and seven runs (tied for the most).

“I felt like early in the game they just had a few hits that found the holes, a few first-pitch base hits,” said Eovaldi, who is vested for a $20 million player option with Texas for 2025. “I think at the end of the day I just need to do a better job of executing my pitches.”

Eovaldi took a 7-3 lead into the fifth inning after the Rangers scored five unearned runs in the fourth. The Jays then scored four runs to knock out Eovaldi after 4 2/3 innings.

Six of the seven runs scored against Toronto starter Chris Bassitt in 3 2/3 innings were unearned. Bassitt had a throwing error during Texas’ two-run third inning.

“We didn’t help ourselves defensively, taking care of the ball to secure some outs,” Blue Jays manager John Schneider said.

The Blue Jays’ Vladimir Guerrero Jr. had a double and two singles, his most hits in a game since having four on Sept. 3. Guerrero is hitting .384 since the All-Star break.

TRAINER’S ROOM

Blue Jays: SS Bo Bichette (calf) was activated and played for the first time since July 19, going 2 for 5 with an RBI. … OF Daulton Varsho (shoulder) was placed on the 10-day injured list and will have rotator cuff surgery … INF Will Wagner (knee inflammation) was placed on the 60-day list.

UP NEXT

Rangers: LHP Chad Bradford (5-3, 3.97 ERA) will pitch Wednesday night’s game on extended five days’ rest after allowing career highs in hits (nine), runs (eight) and home runs (three) in 3 2/3 innings losing at Arizona on Sept. 14.

Blue Jays: RHP Bowden Francis (8-4, 3.50) has had two no-hitters get away in the ninth inning this season, including in his previous start against the New York Mets on Sept. 11. Francis is the first major-leaguer to have that happen since Rangers Hall of Famer Nolan Ryan in 1989.

AP MLB:

The Canadian Press. All rights reserved.



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Billie Jean King set to earn another honor with the Congressional Gold Medal

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WASHINGTON (AP) — Billie Jean King will become the first individual female athlete to be awarded the Congressional Gold Medal.

Reps. Brian Fitzpatrick of Pennsylvania and Mikie Sherrill of New Jersey announced Tuesday that their bipartisan legislation had passed the House of Representatives and would be sent to President Joe Biden for his signature.

The bill to honor King, the tennis Hall of Famer and activist, had already passed unanimously in the Senate.

Sherrill, a Democrat, said in a statement that King’s “lifetime of advocacy and hard work changed the landscape for women and girls on the court, in the classroom, and the workplace.”

The bill was introduced last September on the 50th anniversary of King’s victory over Bobby Riggs in the “Battle of the Sexes,” still the most-watched tennis match of all-time. The medal, awarded by Congress for distinguished achievements and contributions to society, has previously been given to athletes including baseball players Jackie Robinson and Roberto Clemente, and golfers Jack Nicklaus, Byron Nelson and Arnold Palmer.

King had already been awarded the Presidential Medal of Freedom in 2009. Fitzpatrick, a Republican, says she has “broken barriers, led uncharted paths, and inspired countless people to stand proudly with courage and conviction in the fight for what is right.”

___

AP tennis:

The Canadian Press. All rights reserved.

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Account tweaks for young Instagram users ‘minimum’ expected by B.C., David Eby says

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SURREY, B.C. – Premier David Eby says new account control measures for young Instagram users introduced Tuesday by social media giant Meta are the “minimum” expected of tech companies to keep kids safe online.

The parent company of Instagram says users in Canada and elsewhere under 18 will have their accounts set to private by default starting Tuesday, restricting who can send messages, among other parental controls and settings.

Speaking at an unrelated event Tuesday, Eby says the province began talks with social media companies after threatening legislation that would put big tech companies on the hook for “significant potential damages” if they were found negligent in failing to keep kids safe from online predators.

Eby says the case of Carson Cleland, a 12-year-old from Prince George, B.C., who took his own life last year after being targeted by a predator on Snapchat, was “horrific and totally preventable.”

He says social media apps are “nothing special,” and should be held to the same child safety standards as anyone who operates a place that invites young people, whether it’s an amusement park, a playground or an online platform.

In a progress report released Tuesday about the province’s engagement with big tech companies including Google, Meta, TikTok, Spapchat and X, formerly known as Twitter, the provincial government says the companies are implementing changes, including a “trusted flagger” option to quickly remove intimate images.

— With files from The Associated Press

This report by The Canadian Press was first published Sept. 17, 2024

The Canadian Press. All rights reserved.



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