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U.S. technology company Clearview AI violated Canadian privacy law: report – CBC.ca

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Four Canadian privacy commissioners are calling on governments to beef up federal and provincial privacy laws after they found American technology firm Clearview AI violated Canadian privacy laws by collecting photos of Canadians without their knowledge or consent.

The report found that Clearview’s technology created a significant risk to individuals by allowing law enforcement and companies to match photos against its database of more than three billion images, including Canadians and children.

“What Clearview does, is mass surveillance and it is illegal,” federal privacy commissioner Daniel Therrien told reporters Wednesday. “It is an affront to individuals’ privacy rights and inflicts broad based harm on all members of society who find themselves continually in a police lineup.”

“This is completely unacceptable.”

Therrien said the company continues to claim what it was doing was appropriate, citing the requirement under federal privacy law that its business needs to be balanced against privacy rights.”

British Columbia privacy commissioner Michael McEvoy said he was struck by the “vast amount” of information that was collected without consent.

“I find it unacceptable, to be frank, deeply troubling, that a company would create a giant database of our biometric data and sell it for profit without regard to recognizing or acknowledging how invasive it really is.”

McEvoy said the case also highlights the need to strengthen privacy laws in Canada.

“In this case we are left without the ability to consider financial sanctions. This lack of enforcement power combined with Clearview’s blatant disregard of privacy laws leaves Canadians vulnerable.”

Delete photos of Canadians in database, commissioners say

The commissioners called for Clearview to stop offering its technology in Canada, stop collecting images of Canadians and to delete the photos of Canadians it had already collected in its database.

If the company refuses to follow the recommendations, the four privacy commissioners will “pursue other actions available under their respective acts to bring Clearview into compliance with Canadian laws,” the statement said.

However, the four acknowledged that under current laws, and even under proposed changes to federal privacy laws, their ability to penalize the company or force it to comply with Canadian orders is limited.

UK Information Commissioner Elizabeth Denham’s office confirmed Wednesday that their office is still investigating Clearview in conjunction with the Office of the Australian Information Commissioner.

Doug Mitchell, lawyer for Clearview AI, said the company simply collects public data in the same way as companies like Google.

“Clearview AI’s technology is not available in Canada and it does not operate in Canada. In any event, Clearview AI only collects public information from the Internet which is explicitly permitted under PIPEDA,” Mitchell wrote in a statement, issued minutes after the report was made public.

PIPEDA, Canada’s Personal Information Protection and Electronic Documents Act, governs companies.

“The Federal Court of Appeal has previously ruled in the privacy context that publicly available information means exactly what it says: ‘available or accessible by the citizenry at large.'” Mitchell wrote. “There is no reason to apply a different standard here.”

Privacy experts say technology could be misused

The report by Therrien, McEvoy, Alberta privacy commissioner Jill Clayton and Diane Poitras, president of Quebec’s Commission d’accès à l’information, comes nearly seven months after Clearview agreed to no longer make its controversial facial recognition software available in Canada. A number of Canadian law enforcement agencies, including the RCMP, Toronto and Calgary police, had been using the advanced technology to help identify perpetrators and victims of crimes.

With the technology, police could input the picture of a victim or suspected criminal and compare it with billions of photos it had collected from the internet and social media accounts.

However, privacy experts warned that the technology could be misused.

While police forces said last summer that they stopped using Clearview AI, questions remained about what would happen to the personal information of Canadians that the company had already collected and whether the company would stop collecting personal information belonging to Canadians.

‘Proud of our record in assisting Canadian law enforcement’

In July, company CEO Hoan Ton-That said the company had ceased its operations in Canada. He said Canadians would be able to opt out of Clearview’s search results.

“We are proud of our record in assisting Canadian law enforcement to solve some of the most heinous crimes, including crimes against children,” Ton-That said in a statement at the time. “We will continue to co-operate with the (Office of the Privacy Commissioner) on other related issues.”

The investigation found that Clearview collected images in Canada and actively marketed its services to Canadian police forces. The RCMP paid for its services, and there were 48 accounts created for law enforcement agencies and other organizations across Canada.

In a separate investigation, the federal privacy commissioner’s office is probing the way the RCMP used Clearview’s technology.

In a news conference, Therrien said a small number of private companies in Canada, which he did not name, had also used Clearview’s technology, but have since stopped.

While the company is no longer allowing its technology to be used in Canada. Therrien said it has refused to delete the photos of Canadians in its database. While it allows individuals to apply to them to be deleted, it requires them to send a photo, he said.

The case raises the thorny issue of the use of facial recognition technology by police and shines a light on the lack of rules and regulations surrounding it in Canada.

Therrien said the privacy commissioners plan to provide guidance this spring to law enforcement agencies concerning the technology but he said Canada’s laws have to be updated. While proposed updates to Canada’s privacy laws currently before Parliament (Bill C-11) would give him order making powers he currently does not possess, he would like to see the law amended to make it clearer that business concerns should not outweigh privacy.

Therrien said the company has likely collected the images of millions of Canadians.

Therrien said he would also like to seem more types of violations subject to penalties than are currently called for in Bill C-11.

NDP MP Charlie Angus, who called for an investigation into Clearview, described the report in a tweet as “excellent.”

“The question is why did the RCMP and other police exploit a technology that breached Canadian law?”

Catherine Fortin, spokeswoman for the RCMP, said the force used Clearview’s technology in a “limited capacity” for its investigations into online sexual exploitation of children and stopped using the technology in July 2020 when Clearview stopped offering it in Canada.

“With the nature of crime constantly evolving, law enforcement agencies, including the RCMP, must continuously monitor emerging and evolving technologies,” Fortin said in an email to CBC News. “We also recognize that privacy is paramount and a reasonable expectation of Canadians, which must be balanced with the ability of law enforcement to conduct investigations and protect the safety and security of Canadians.”

Fortin said the RCMP is working with Therrien’s office on its investigation into how the force used the technology and will review the report made public Wednesday.

Meanwhile, Conservative MP Michael Barrett said in a statement that he was “deeply concerned” by the findings of the investigation into Clearview AI and called for the House of Commons ethics committee to hold hearings into the company.

“Clearview AI’s rejection of the Privacy Commissioner’s findings and its disregard for Canadian privacy laws raises serious concerns and deserves further scrutiny by parliamentarians.”

Elizabeth Thompson can be reached at elizabeth.thompson@cbc.ca

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With grief lingering, Blue Jackets GM Waddell places focus on hockey in wake of Gaudreau’s death

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BUFFALO, N.Y. (AP) — Hearing the familiar sounds of clacking sticks and pucks banging off the boards and glass while watching Columbus Blue Jackets prospects from the stands of a cold rink on a warm late-summer afternoon was not enough to wash away the lingering residuals of grief for Don Waddell on Saturday.

That, the Blue Jackets’ general manager acknowledged, will take more time than anyone can guess — weeks, months, perhaps an entire season and beyond.

What mattered is how spending the weekend attending the Sabres Prospects Challenge represented a start to what Waddell called among the first steps in refocusing on hockey and the future in the aftermath of the deaths of Columbus star Johnny Gaudreau and his brother, Matthew, who were struck by a suspected drunken driver while riding bicycles on Aug 29.

“We got to play hockey,” Waddell said. “We’re not going to forget about Johnny and his family, the Gaudreau family.”

He then reflected on the speech Johnny Gaudreau’s wife, Meredith, made during the brothers’ funeral on Monday, by urging those in mourning to move forward as she will while focusing on raising their children.

“Everybody knows that Johnny wants them to play hockey,” Waddell said. “And everybody’s rallying around that.”

The resumption of hockey in Columbus began last week, when most Blue Jackets players returned to their facility to be together and lean on each other at the urging of Waddell and team captain Boone Jenner. And it will continue on Thursday, when the team opens training camp, exactly three weeks since the Gaudreaus were killed.

“Tragic. Senseless. But now we got to focus on trying to get our team ready to play hockey this year,” Waddell said. “We all mourn and heal differently, but I think as a team being together like that is going to be critical for them to get moving forward.”

Tragedy is no stranger to Waddell or the Blue Jackets.

Waddell was general manager of the then-Atlanta Thrashers in 2003 when Dany Heatley lost control of his car and struck a wall, with the crash killing passenger and teammate Dan Snyder. In 2021, Blue Jackets goalie Matiss Kivlenieks died during a July Fourth fireworks accident.

Waddell placed the emphasis on himself and coach Dean Evason — both newcomers to Columbus this offseason — to guide the team through what will be an emotional season.

“Now, do I think there’s going to be some dark days? I won’t be surprised,” Waddell said.

Reminders of the Gaudreaus’ deaths remain apparent, and reflected in Buffalo on Friday night. A moment of silence was held in tribute to the brothers before the opening faceoff of a game between the Blue Jackets and Sabres.

Afterward, Columbus prospect Gavin Brindley recalled the times he spent with Johnny Gaudreau in Columbus and as teammates representing the United States at the world hockey championships in the Czech Republic in May.

“He was one of the biggest mentors for me at the world championships,” Brindley said. “I couldn’t tell you how many times we hung out with Meredith, pictures on my phone. It’s just so hard to look back and see that kind of stuff.”

The NHL and NHL Players’ Association are providing the Blue Jackets help in the form of grief counseling, crowd security at vigils and addressing hockey issues, such as potentially altering the league’s salary cap rules to provide Columbus relief from having to reach the NHL minimum payroll because of the void left by Gaudreau’s contract.

“The Blue Jackets, I don’t think anybody’s focused from an organizational standpoint, from a hockey standpoint as to what comes next, because I think everybody’s still in shock,” NHL Commissioner Gary Bettman told The Associated Press last week. “I don’t think anybody’s focused right now other than on the grieving part, which is understandable.”

Much of the burden has fallen to Waddell, who has been in discussions with the NHL and the NHLPA and dealing with outreach programs with the Blue Jackets’ partner OhioHealth, while also overseeing preparations for training camp and gauging his prospects in Buffalo.

There’s also his roster to attend to, which he said has two openings at forward, one involving Justin Danforth, who may miss the start of the season because of a wrist injury. Waddell didn’t have to mention the second opening.

Tiring and emotional as it’s been, Waddell found comfort being in his element, a rink, and looking ahead to the start of training camp.

“The guys are in really good shape. We’ve done a lot of testing already and they’re eager to get going,” Waddell said. “We have a reason to play for. And we’ll make the best of it.”

The Blue Jackets later Sunday signed veteran winger James van Riemsdyk to a one-year contract worth $900,000.

“James van Riemsdyk has been a very consistent, productive player throughout his career,” Waddell said. “Bringing him to Columbus will not only provide depth to our group up front, but also valuable leadership and another veteran presence in our dressing room.”

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AP Hockey Writer Stephen Whyno in New York contributed to this report.

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PSG says defender Nuno Mendes target of racial abuse after a French league game

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PARIS (AP) — Paris Saint-Germain defender Nuno Mendes was the target of abusive and racist comments on social media after a French league game.

The club condemned the abuse and expressed its “full support” Sunday for the Portugal left back, who was targeted following PSG’s 3-1 win against Brest on Saturday.

Mendes, who is Black, shared on his Instagram account a racist message he received.

During the match, Mendes brought down Ludovic Ajorque in the box for a penalty that Romain Del Castillo converted to give Brest the lead.

“Paris Saint-Germain doesn’t tolerate racism, antisemitism or any other form of discrimination,” the club said. “The racial insults directed at Nuno Mendes are totally unacceptable … we are working with the relevant authorities and associations to ensure those responsible are held accountable for their actions.”

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Slovenia’s Tadej Pogacar wins Grand Prix Cycliste de Montreal

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MONTREAL – Tadej Pogacar was so dominant on Sunday, Canada’s Michael Woods called it a race for second.

Pogacar, a three-time Tour de France champion from Slovenia, pedalled to a resounding victory at the Grand Prix Cycliste de Montreal.

The UAE Team Emirates leader crossed the finish line 24 seconds ahead of Spain’s Pello Bilbao of Bahrain — Victorious to win the demanding 209.1-kilometre race on a sunny, 28 C day in Montreal. France’s Julian Alaphilippe of Soudal Quick-Step was third.

“He’s the greatest rider of all time, he’s a formidable opponent,” said Woods, who finished 45 seconds behind the leader in eighth. “If you’re not at your very, very best, then you can forget racing with him, and today was kind of representative of that.

“He’s at such a different level that if you follow him, it can be lights out.”

Pogacar slowed down before the last turn to celebrate with the crowd, high-five fans on Avenue du Parc and cruise past the finish line with his arms in the air after more than five hours on the bike.

The 25-year-old joined Belgium’s Greg Van Avermaet as the only multi-time winners in Montreal after claiming the race in 2022. He also redeemed a seventh-place finish at the Quebec City Grand Prix on Friday.

“I was disappointed, because I had such good legs that I didn’t do better than seventh,” Pogacar said. “To bounce back after seventh to victory here, it’s just an incredible feeling.”

It’s Pogacar’s latest win in a dominant year that includes victories at the Tour de France and Giro d’Italia.

Ottawa’s Woods (Israel Premier-Tech) tied a career-best in front of the home crowd in Montreal, but hoped for more after claiming a stage at the Spanish Vuelta two weeks ago.

“I wanted a better result,” the 37-year-old rider said. “My goal was a podium, but at the same time I’m happy with the performance. In bike racing, you can’t always get the result you want and I felt like I raced really well, I animated the race, I felt like I was up there.”

Pogacar completed the 17 climbs up and down Mount Royal near downtown in five hours 28 minutes 15 seconds.

He made his move with 23.3 kilometres to go, leaving the peloton in his dust as he pedalled into the lead — one he never relinquished.

Bilbao, Alaphilippe, Alex Aranburu (Movistar Team) and Bart Lemmen (Visma–Lease) chased in a group behind him, with Bilbao ultimately separating himself from the pack. But he never came close to catching Pogacar, who built a 35-second lead with one lap left to go.

“It was still a really hard race today, but the team was on point,” Pogacar said. “We did really how we planned, and the race situation was good for us. We make it hard in the last final laps, and they set me up for a (takeover) two laps to go, and it was all perfect.”

Ottawa’s Derek Gee, who placed ninth in this year’s Tour de France, finished 48th in Montreal, and called it a “hard day” in the heat.

“I think everyone knows when you see Tadej on the start line that it’s just going to be full gas,” Gee said.

Israel Premier-Tech teammate Hugo Houle of Sainte-Perpétue, Que., was 51st.

Houle said he heard Pogacar inform his teammates on the radio that he was ready to attack with two laps left in the race.

“I said then, well, clearly it’s over for me,” Houle said. “You see, cycling isn’t that complicated.”

Australia’s Michael Matthews won the Quebec City GP for a record third time on Friday, but did not finish in Montreal. The two races are the only North American events on the UCI World Tour.

Michael Leonard of Oakville, Ont., and Gil Gelders and Dries De Bondt of Belgium broke away from the peloton during the second lap. Leonard led the majority of the race before losing pace with 45 kilometres to go.

Only 89 of 169 riders from 24 teams — including the Canadian national team — completed the gruelling race that features 4,573 metres in total altitude.

Next up, the riders will head to the world championships in Zurich, Switzerland from Sept. 21 to 29.

Pogacar will try to join Eddy Merckx (1974) and Stephen Roche (1987) as the only men to win three major titles in a season — known as the Triple Crown.

“Today gave me a lot of confidence, motivation,” Pogacar said. “I think we are ready for world championships.”

This report by The Canadian Press was first published Sept. 15, 2024.



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