Facial Recognition Moratorium Briefing #1: Implications of a Moratorium on the Use of Facial Recognition Technology in Canada

Executive Summary

This briefing is the first of two on facial recognition (FR) technology in Canada. It addresses how FR works and is used, and examines the implications of a federal moratorium on its use, while a companion briefing explores the conditions for lifting such a moratorium.

Since March 2020, calls for Canada to impose a national moratorium on facial recognition technology have increased, particularly with respect to companies providing FR services to law enforcement agencies. A national moratorium would give legislators time to develop comprehensive and effective policy regulating the development, use, and distribution of FR technology and the data it collects, uses, and shares.

Current FR technology is not infallible: it cannot be relied upon by law enforcement because of its potential to discriminate against certain demographics and exacerbate conditions of inequality. The briefing outlines the technological, social, policy, and legal conditions required to lift a Canadian moratorium on FR systems, and lays out the concerns, limitations, and potential harms of the technology, as well as the technical implications of a federal moratorium. A second briefing concludes with the technical, social, and policy conditions for lifting a federal moratorium, along with recommendations for safely using FR technology.