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CBSA to use facial recognition app for people facing deportation: documents

The mobile reporting app would use biometrics to confirm a person91裸聊视频檚 identity
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A Canada Border Services Agency (CBSA) sign is seen in Calgary, Alta., Thursday, Aug. 1, 2019. The Canadian Border Services Agency plans to implement an app that uses facial recognition technology to keep track of individuals who have been ordered to be deported from the country. THE CANADIAN PRESS/Jeff McIntosh

The Canada Border Services Agency plans to implement an app that uses facial recognition technology to keep track of people who have been ordered to be deported from the country.

The mobile reporting app would use biometrics to confirm a person91裸聊视频檚 identity and record their location data when they use the app to check in. Documents obtained through access-to-information indicate that the CBSA has proposed such an app as far back as 2021.

A spokesperson confirmed that an app called ReportIn will be launched this fall. The CBSA said in a followup comment the app could also be used for permanent residents and foreign nationals who are subject to inadmissibility hearings.

Experts are flagging numerous concerns, questioning the validity of user consent and potential secrecy around how the technology makes its decisions.

Each year, about 2,000 people who have been ordered to leave the country fail to show up, meaning the CBSA 91裸聊视频渕ust spend considerable resources investigating, locating and in some cases detaining these clients,91裸聊视频 says a 2021 document.

The agency pitched a smartphone app as an 91裸聊视频渋deal solution.91裸聊视频

Getting regular updates through the app on a person91裸聊视频檚 91裸聊视频渞esidential address, employment, family status, among other things, will allow the CBSA to have relevant information that can be used to contact and monitor the client for any early indicators of non-compliance,91裸聊视频 it said.

91裸聊视频淎dditionally, given the automation, it is more likely that the client will feel engaged and will recognize the level of visibility the CBSA has on their case.91裸聊视频

Plus, the document noted: 91裸聊视频淚f a client fails to appear for removal, the information gathered through the app will provide good investigative leads for locating the client.91裸聊视频

An algorithmic impact assessment for the project 91裸聊视频 not yet posted on the federal government91裸聊视频檚 website 91裸聊视频 said biometric voice technology the CBSA tried using was being phased out due to 91裸聊视频渇ailing technology,91裸聊视频 and it developed the ReportIn app to replace it.

It said a person91裸聊视频檚 91裸聊视频渇acial biometrics and location, provided by sensors and/or the GPS in the mobile device/smartphone91裸聊视频 are recorded through the ReportIn app and then sent to the CBSA91裸聊视频檚 back-end system.

Once people submit photos, a 91裸聊视频渇acial comparison algorithm91裸聊视频 will generate a similarity score to a reference photo.

If the system doesn91裸聊视频檛 confirm a facial match, it triggers a process for officers to investigate the case.

91裸聊视频淭he individuals91裸聊视频 location is also collected every time they report and if the individual fails to comply with their conditions,91裸聊视频 it said. The document noted individuals will not be 91裸聊视频渃onstantly tracked.91裸聊视频

The app uses technology from Amazon Web Services. That91裸聊视频檚 a choice that grabbed the attention of Brenda McPhail, the director of executive education in McMaster University91裸聊视频檚 public policy in digital society program.

She said while many facial recognition companies submit their algorithms for testing to the U.S. National Institute of Standards and Technology, Amazon has never voluntarily done so.

An Amazon Web Services spokesperson said its Amazon Rekognition technology is 91裸聊视频渢ested extensively 91裸聊视频 including by third parties like Credo AI, a company that specializes in Responsible AI, and iBeta Quality Assurance.91裸聊视频

The spokesperson added that Amazon Rekognition is a 91裸聊视频渓arge-scale cloud-based system and therefore not downloadable as described in the NIST participation guidance.91裸聊视频

91裸聊视频淭hat is why our Rekognition Face Liveness was instead submitted for testing against industry standards to iBeta Lab,91裸聊视频 which is accredited by the institute as an independent test lab, the spokesperson said.

The CBSA document says the algorithm used will be a trade secret. In a situation that could have life-changing consequences, McPhail asked whether it91裸聊视频檚 91裸聊视频渁ppropriate to use a tool that is protected by trade secrets or proprietary secrets and that denies people the right to understand how decisions about them are truly being made.91裸聊视频

Kristen Thomasen, an associate professor and chair in law, robotics and society at the University of Windsor, said the reference to trade secrets is a signal there could be legal impediments blocking information about the system.

There91裸聊视频檚 been concern for years about people who are subject to errors in systems being legally prohibited from getting more information because of intellectual property protections, she explained.

CBSA spokesperson Maria Ladouceur said the agency 91裸聊视频渄eveloped this smartphone app to allow foreign nationals and permanent residents subject to immigration enforcement conditions to report without coming in-person to a CBSA office.91裸聊视频

She said the agency 91裸聊视频渨orked in close consultation91裸聊视频 with the Office of the Privacy Commissioner on the app. 91裸聊视频淓nrolment in ReportIn will be voluntary, and users will need to consent to both using the app, and the use of their likeness to verify their identity.91裸聊视频

Petra Molnar, the associate director of York University91裸聊视频檚 refugee law lab, said there is a power imbalance between the agency implementing the app and the people on the receiving end.

91裸聊视频淐an a person really, truly consent in this situation where there is a vast power differential?91裸聊视频

If an individual doesn91裸聊视频檛 consent to participate, they can report in-person as an alternative, Ladouceur said.

Thomasen also cautioned there is a risk of errors with facial recognition technology, and that risk is higher for racialized individuals and people with darker skin.

Molnar said it91裸聊视频檚 91裸聊视频渧ery troubling that there is basically no discussion of 91裸聊视频 human rights impacts in the documents.91裸聊视频

The CBSA spokesperson said Credo AI reviewed the software for bias against demographic groups, and found a 99.9 per cent facial match rate across six different demographic groups, adding the app 91裸聊视频渨ill be continuously tested after launch to assess accuracy and performance.91裸聊视频

The final decision will be made by a human, with officers overseeing all submissions, but the experts noted humans tend to trust judgements made by technology.

Thomasen said there is a 91裸聊视频渇airly widely recognized 91裸聊视频 psychological tendency for people to defer to the expertise of the computer system,91裸聊视频 where computer systems are perceived to be less biased or more accurate.

Anja Karadeglija, The Canadian Press

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