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Privacy watchdog investigating controversial facial recognition ad at Toronto’s Union Station

The federal privacy commissioner is investigating a digital ad at Union Station that uses facial-recognition software to track demographic data from passersby.

Bright digital signage advertising new taco menu options at a Toronto food hall.
Canada’s Office of the Privacy Commissioner (OPC) is investigating an ad posted at Toronto’s Union Station after reported concerns. (Courtesy: Still_Value9499/Reddit)

What to know

  • The Privacy Commissioner of Canada has launched an investigation after complaints that a Union Station ad uses facial recognition software to analyze age and gender data.
  • The probe will determine whether the technology complies with PIPEDA, Canada’s private-sector privacy law governing data collection and use.
  • Concerns grew after a notice from former operator Cineplex Digital Media revealed the billboard captured and processed images, though the company says data was deleted within milliseconds.

Canada’s Office of the Privacy Commissioner (OPC) has launched an investigation over an ad in Toronto’s Union Station, which raised ethical concerns over the use of facial recognition technology and data collection. 

Privacy Commissioner of Canada Philippe Dufresne has opened an investigation over the digital ads after receiving complaints from individuals about privacy concerns, a spokesperson for the office confirmed to Now Toronto on Tuesday. 

The investigation will assess whether the technology is compliant with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), which sets rules for the collection and use of personal information for commercial purposes, and will examine whether the technology is being used in compliance with the private-sector privacy law.

“As this matter involves an active investigation, the Office of the Privacy Commissioner of Canada is not in a position to provide further details at this time,” the spokesperson added. 

Last month, concerns emerged online about the ads, after a Reddit user shared a notice from Cineplex Digital Media (CDM), the former manager of the billboard, revealing that the “media unit” uses anonymous software to generate data about “audience counts, gender and approximate age only.” 

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The notice also claimed that captured images were processed within milliseconds before being permanently deleted, and ensured that no data about specific individuals would be recorded in the unit. At the time, CDM also confirmed to Now Toronto that it was consulting with the OPC about the technology to ensure it was in compliance with laws and best practices.

However, use of the technology continued to raise concerns about privacy and consent among some passersby. 

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CINEPLEX NO LONGER RESPONSIBLE FOR ADS

Days after concerns were raised about the ads, Cineplex announced it had sold its digital place-based media division CDM to U.S.-based digital signage solutions company Creative Realities

With the new agreement, the signage company has also taken over all issued and outstanding common shares of CDM for $70 million, including management of the Union Station ads. 

Now Toronto has reached out to both Creative Realities and CDM for comment, but did not receive a response in time for publication. 

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