Facial Recognition Through the Lens of National Legislations - Canada

ABSTRACT Canada currently lacks comprehensive federal legislation explicitly regulating the use of facial recognition technology (FRT) or biometric data more broadly. Apart from Quebec’s 2001 Act, which establishes a legal framework for information technology and imposes specific requirements on biometric identification systems, the use of FRT across the country is governed primarily by general privacy laws. These laws constrain the collection and use of personal information but provide limited clarity on the use of FRT, especially by public authorities. The Supreme Court of Canada has yet to rule on whether such technologies engage constitutional privacy rights under the Charter, leaving the legal status of FRT in public spaces unsettled. This paper examines the existing legal frameworks and documents the known public uses of FRT in Canada. It explores privacy law in both private and public sectors, including investigations into FRT use in retail and biometric screening at Canadian borders. It also analyzes the evolving legal debate around Charter protections against state surveillance. The paper concludes by considering how forthcoming privacy and AI legislation may shape the future governance of biometric technologies in Canada.

KEYWORDS Facial Recognition Technology - Biometric Data - Canadian Privacy Law

TABLE OF CONTENTS 1. Introduction. – 2. Private Sector Privacy Framework. – 3. Public Sector Privacy Framework. – 4. Human Rights Framework.– 5. Looking Forward