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Privacy Software Canada Hardware Technology

Canadian Malls Are Using Facial Recognition To Track Shoppers' Age, Gender Without Consent (www.cbc.ca) 80

At least two malls in Calgary are using facial recognition technology to track shoppers' ages and genders without first obtaining their consent. "A visitor to Chinook Center in south Calgary spotted a browser window that had seemingly accidentally been left open on one of the mall's directories, exposing facial-recognition software that was running in the background of the digital map," reports CBC.ca. "They took a photo and posted it to the social networking site Reddit on Tuesday." From the report: The mall's parent company, Cadillac Fairview, said the software, which they began using in June, counts people who use the directory and predicts their approximate age and gender, but does not record or store any photos or video from the directory cameras. Cadillac Fairview said the software is also used at Market Mall in northwest Calgary, and other malls nationwide. Cadillac Fairview said currently the only data they collect is the number of shoppers and their approximate age and gender, but most facial recognition software can be easily adapted to collect additional data points, according to privacy advocates. Under Alberta's Personal Information Privacy Act, people need to be notified their private information is being collected, but as the mall isn't actually saving the recordings, what they're doing is legal. It's not known how many other Calgary-area malls are using the same or similar software and if they are recording the data.
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Canadian Malls Are Using Facial Recognition To Track Shoppers' Age, Gender Without Consent

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  • mall rats can be detected easily :)
    i like that because they (mall rats) are annoying

    • by PolygamousRanchKid ( 1290638 ) on Saturday July 28, 2018 @06:01AM (#57022988)

      mall rats can be detected easily :) i like that because they (mall rats) are annoying

      The system is part of the mall's directories. Mall rats don't use mall directories, since they have a sixth sense enabling them to navigate the mall like a maze to take them to places where they can be most annoying.

      The system identifies the age and gender of the user. This system is of great use in these Internet days, since nobody seems to be quite sure of their age or gender.

      • The system identifies the age and gender of the user. This system is of great use in these Internet days, since nobody seems to be quite sure of their age or gender.

        But ... but ... can it detect what gender they identify as???

      • by pedz ( 4127433 )

        This system is of great use in these Internet days, since nobody seems to be quite sure of their age or gender.

        I'm and old fucker... except when governments and large corporations are involved then I become a fuckee...

  • by Anonymous Coward

    Some advocates paint a dystopian armageddon based on possibilities, non of which the mall is actually doing. It's basically "They're not doing anything to complain about BUT THEY COULD!!11".

    The usual hardline, no-compromise outrage-activists that make people who care about sensible privacy look like tinfoil hatters.

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      The law prohibits private information being collected without consent. The fact that you visited a mall isn't private information. Neither is a software guess at your age and gender. I don't think anything a video camera in a public location can learn about you CAN be considered private information, really.

      For it to be private information, the information collected needs to be something provided in confidence. If they're recording your driver's license number, your telephone number or your address, that'd b

      • It's hyperbole because all the mall has to do is slap a sticker on the directory display that reads, "Your use of this directory is aggregated anonymously to help us make your shopping experience better" or something to that effect, and *poof* the "issue" goes away. It goes away so easily because it's a non-issue. Everyone who walks into a mall already understands that they are being monitored.

        THIS WEBSITE TRACKS YOUR PERSONAL DATA!!!!

        Even if you post "anonymously".

        Are you worried yet? Worried enough to not

        • It's hyperbole because all the mall has to do is slap a sticker on the directory display ...

          NO!!! They should NOT do that. If "privacy warnings" get used every time someone walks in front of security camera, then they will soon become as meaningless as the California "cancer warnings" that are displayed anytime you enter a business that has an air conditioner, fax, or printer (i.e.: 100% of them). People will just get inured to them, and they will become meaningless.

          Privacy warnings should only be used when there is an actual privacy issue at stake. TFA is stupid.

      • . I don't think anything a video camera in a public location can learn about you CAN be considered private information, really.

        Even the US Supreme Court (which isn't exactly a bastion of privacy) disagrees with you. Sensors that exceed normal human wavelengths, sensors that track you or your car 24/7, and probably other rulings are all "invasions of privacy" that require a warrant if done by the police.*

        *IANAL, so you want to validate.

  • Legal vs ethical (Score:4, Insightful)

    by mrwireless ( 1056688 ) on Saturday July 28, 2018 @06:08AM (#57022998)
    That's the problem with companies: too often they only ask if something is legal, and not if something is ethical.

    Luckily our laws are the result of the larger ethical debate we as a society have. If enough people feel that something is unethical, we change the laws. Look at the GDPR in Europe. So Canadians: get upset!
    • Re:Legal vs ethical (Score:4, Informative)

      by Mashiki ( 184564 ) <mashiki@gmail.cBALDWINom minus author> on Saturday July 28, 2018 @07:55AM (#57023186) Homepage

      Since this is being used for demographics information, and in turn sold/given to a 3rd party to determine who's buying/visiting/etc. It's automatically illegal in Canada under the privacy act, which requires informed consent from the individual.

      You can file a complaint here [priv.gc.ca].

      • Re:Legal vs ethical (Score:4, Interesting)

        by Baloroth ( 2370816 ) on Saturday July 28, 2018 @02:20PM (#57024260)

        It took me five seconds to find that the relevant act summary states "[u]nder PIPEDA, personal information includes any factual or subjective information, recorded or not, about an identifiable individual" (emphasis mine). If they delete the pictures and don't guess an individuals identity, the information collected is not about an identifiable individual.

        • by Mashiki ( 184564 )

          How many of those people having their picture taken, have a facebook profile? I'll be 99% of them. That makes them an identifiable individual under the law, that's already been answered in case law as well.

  • by Anonymous Coward

    Can it really detect all 79 genders?

  • They just call the police every time I show up in public. But they don't store my photo.

  • Neither of those are possible to determine by face or body features, you have to ask!

    • by dcw3 ( 649211 )

      You can't be serious? They've even got software that's gotten pretty accurate (~70-80%) at telling if someone's gay or not...no shit, you can google that one for yourself.

  • by davide marney ( 231845 ) on Saturday July 28, 2018 @07:37AM (#57023160) Journal

    Society long ago accepted that any public space is under surveillance. They've had video cameras in shopping malls since there WERE shopping malls. I don't see how this is any different. In fact, even less invasive than the video cameras, since they don't save any personally-recognizable data.

    • by Mashiki ( 184564 )

      In Canada, a mall is considered a semi-public space. Similar to how the front yard/sidewalk leading to the home is semi-public. Different rules apply under the law up here, recording for the purpose of security is acceptable. Recording for the purpose of "mining" information about the users of the mall is not.

      • by dcw3 ( 649211 )

        But isn't the question of mining overcome by the fact that they're not recording information about any specific people? It just ends up being demographic information not tied to any individuals.

        FWIW, I'm all for privacy rights and not being tracked in public, but I don't have any issue with this case.

    • Does it being accepted make it not-wrong? Can we vote on other aspects of reality and morality too? Gravity - it's a pain.
    • In Canada, I have an expectation that the video surveillance will only be viewed if a crime has been committed and that if no crime has been committed it will be deleted in a short period of time. If I'm in an intimate place like a taxi, I have an expectation that only law enforcement will view it in the event of a crime. These malls haven't broken the law but they are close.

      My city, Ottawa, experimented with putting up cameras in the parks. The cameras had software in them so that only the park was a
  • See, we do live in a dystopian dictatorship!! Truuuuuummmmmppp!!!

    Oh ... you said Canada?

    Er .. look, a squirrel!

  • There is no such thing as privacy in a public space. The idea that others can not study you when you are in plain sight is essential to liberty. I am reminded of the girl in the string bikini at the beach is angry because the wrong guy looked at her. How dumb can people get?
  • I mean, you could have a human with four buttons to click/press as people walk into the mall.
    Young, old, male, female.

    I'm creeped out by our growing surveillance state, but I don't see how you need someone's consent to note details about them in public.

    It would certainly put a crimp on the private detective business.

  • Long-term, short-term -- it is still being stored.

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." -- Bertrand Russell

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