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Privacy Canada

Privacy Investigation Finds 5 Million Shoppers' Images Collected At Malls Across Canada (ctvnews.ca) 36

Posted by BeauHD from the invasion-of-privacy dept.
An anonymous reader quotes a report from CTV News: 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 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. "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," the report adds.

"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."
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Privacy Investigation Finds 5 Million Shoppers' Images Collected At Malls Across Canada More

Privacy Investigation Finds 5 Million Shoppers' Images Collected At Malls Across Canada

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  • " captured users' images without their consent. "

    No consent needed, there is no expectation of privacy in public, also in Canada.

    • There is no expectation of Canada.

    • Shopping mall would be private property, and I wouldn't think there is an expectation of privacy in the the mall area.

      • There's multiple meanings of the word public. In this case, they mean public access. As in, everyone not explicitly denied access is allowed in. It's this meaning that has no expectation of privacy.

      • The Shopping mall films you as well without consent.

    • Re:Normal (Score:5, Insightful)

      by jenningsthecat ( 1525947 ) on Friday October 30, 2020 @08:38AM (#60665592)

      " captured users' images without their consent. "

      No consent needed, there is no expectation of privacy in public, also in Canada.

      I guess you missed this part of the summary: "The federal privacy commissioner reported Thursday that Cadillac Fairview contravened federal and provincial privacy laws by embedding cameras...".

      Also, the images were shared with another company, which might constitute publication, and the images were definitely taken for commercial purposes. I can guarantee that no model releases were signed, and as a Canadian whose photo might be among those mentioned in the article I sincerely hope there's a class action suit which hands Cadillac Fairview its ass in court. Slimy fuckers.

      • Re: (Score:3)

        by amp001 ( 948513 )
        Just a note - the images actually weren't shared with another company. They did share age estimates (range probabilities), gender (probabilities), embedding (a vector of numbers suitable for facial recognition purposes), and a unique id of some kind (unclear how that was generated, so it's unclear whether it applies to each detection event or could be correlated across events; the latter is somewhat unlikely given the probabilistic nature of the embedding). The data is generated from each detected face in a
        • "just on the facts of the case"

          From the report: "CFCL represented that ..." simply means that is what their representation claims, not that it is a verified (nor easily verifiable) fact.

          • Re: (Score:3)

            by amp001 ( 948513 )
            Yeah, that's in paragraph 49. But, right after that, in paragraphs 50 and 51 it makes it clear the investigators did a forensic analysis of the database both on-site and after their visit. Paragraph 53 shows an example record – they've redacted part of the embedding vector, but it's clear there isn't an original image in there. Which makes sense – it doesn't provide any benefit, and would just add cost to the system. Again, I'm not commenting on whether what the did is acceptabl

    • Good to know we have such a fantastic international legal scholar in our ranks. Bravo sir!

      • No need to be an expert. The IS NO LAW in Canada forbidding to film people or police officers in Canada in publicly accessible areas.

        Just like in the US.

    • I think it's the profiting off that data is the issue here. My guess anyway.

      • "I think it's the profiting off that data is the issue here."

        Also not the case. They 'feel' violated and are 'concerned'.

        But the police is law enforcement not the feelings police.

  • This is a big deal in Canada (Score:5, Informative)

    by sinij ( 911942 ) on Friday October 30, 2020 @08:41AM (#60665602)
    Canada has stronger privacy laws than US. This is one of the reasons Google's Peeping Tom city was cancelled - they couldn't demonstrate adequate privacy protections. I suspect Office of the Privacy Commissioner of Canada [priv.gc.ca] will be all over this and fines will be steep.
  • Comment removed based on user account deletion

    • What's a mall? I can't find it anywhere in my basement. Is that supposed to be near the bathroom?

    • Pre-Covid I'd say the movie theaters, Apple store and the food court are the only likely draw of a mall for the younger generation. Old people walking in the mall before it opens too.
    • Who goes to malls anymore?

      As difficult as it is to believe, there are people who don't live in their parent's basement. They get out in the world and do things rather than sitting on their fat asses. Going to a mall allows not only for exercise but to physically see and feel a product you might want to buy. Which is far better than squinting to see something on a screen.

  • privacy policy (Score:3)

    by bagofbeans ( 567926 ) on Friday October 30, 2020 @09:21AM (#60665740)

    "decals placed on shopping mall entry doors noting their privacy policy" does not equal "visit guest services to obtain a copy of the privacy policy".

    • But the confused employee would at least be entertaining!

    • "Donn wanna!!!" should be the first option listed on top of any "privacy policy", corporate or otherwise.
      Followed by "Fuck you!!!"

      I mean... if we're gonna go into an insult match (these kind of "policies" being insulting by default) "Fuck you!!!" is a decent counter insult.

    • Privacy policy:

      1) You don't have any privacy, we'll take all the photos we like
      2) Try to take photos on our land and security will escort you off site

      • Privacy policy:

        1) You don't have any privacy, we'll take all the photos we like
        2) Try to take photos on our land and security will escort you off site

        I am totally with you on point 1)
        But... I take pictures all over the place. I have never been told not too or been escorted anywhere. In fact I took a number of photos showing the closed stores in a Cadillac Fairview mall on my way to work during the early stages of the Covid shutdown. No one said anything to me, and there was at least one guard that could see me doing it. (I did point my phone in such a way as to not take his picture.)

  • Privacy policy (Score:5, Funny)

    by DontBeAMoran ( 4843879 ) on Friday October 30, 2020 @09:55AM (#60665848)

    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 following conversation ensued:

    Guest services employee: The privacy policy was on display

    Investigators: On display? We eventually had to go down to the cellar to find them.

    Guest services employee: That’s the display department.

    Investigators: With a flashlight.

    Guest services employee: Ah, well, the lights had probably gone.

    Investigators: So had the stairs.

    Guest services employee: But look, you found the privacy policy, didn’t you?

    Investigators: Yes, they said, yes we did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying "Beware of the Leopard".

    • Brilliantly played. Well done. Too notch slashdotting right there.

    • Re: (Score:2)

      by Sebby ( 238625 )

      Investigators: Yes, they said, yes we did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying "Beware of the Leopard".

      I don't believe this is an accurate, realistic conversation that could've possibly happened - everyone knows that Snow Leopards live up in Canada. FAKE NEWS!!

  • My trouble here isn't with the privacy. To be clear, it should be, but there's something much larger.

    I understand "wanting" to know the demographics of your customers. But there's a big problem with that knowledge -- it's a feedback loop.

    I also run a business. When I know the demographics of my customers, I can tailor my products, services, and service to better fit their needs. I can also tailor my advertising to better reach them.

    At first-glance, that sounds sensible. And, perhaps, for a many-decades-

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