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Canadian Malls Are Using Facial Recognition To Track Shoppers' Age, Gender Without Consent (www.cbc.ca)

At least two malls in Calgary are using facial recognition technology to track shoppers' ages and genders without first obtaining their consent. "A visitor to Chinook Center in south Calgary spotted a browser window that had seemingly accidentally been left open on one of the mall's directories, exposing facial-recognition software that was running in the background of the digital map," reports CBC.ca. "They took a photo and posted it to the social networking site Reddit on Tuesday." From the report: The mall's parent company, Cadillac Fairview, said the software, which they began using in June, counts people who use the directory and predicts their approximate age and gender, but does not record or store any photos or video from the directory cameras. Cadillac Fairview said the software is also used at Market Mall in northwest Calgary, and other malls nationwide. Cadillac Fairview said currently the only data they collect is the number of shoppers and their approximate age and gender, but most facial recognition software can be easily adapted to collect additional data points, according to privacy advocates. Under Alberta's Personal Information Privacy Act, people need to be notified their private information is being collected, but as the mall isn't actually saving the recordings, what they're doing is legal. It's not known how many other Calgary-area malls are using the same or similar software and if they are recording the data.

80 comments

  1. mall rats by Ruede · · Score: 1

    mall rats can be detected easily :)
    i like that because they (mall rats) are annoying

    1. Re:mall rats by PolygamousRanchKid+ · · Score: 4, Funny

      mall rats can be detected easily :) i like that because they (mall rats) are annoying

      The system is part of the mall's directories. Mall rats don't use mall directories, since they have a sixth sense enabling them to navigate the mall like a maze to take them to places where they can be most annoying.

      The system identifies the age and gender of the user. This system is of great use in these Internet days, since nobody seems to be quite sure of their age or gender.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    2. Re:mall rats by cascadingstylesheet · · Score: 1

      The system identifies the age and gender of the user. This system is of great use in these Internet days, since nobody seems to be quite sure of their age or gender.

      But ... but ... can it detect what gender they identify as???

    3. Re:mall rats by Anonymous Coward · · Score: 0

      thatsthejoke.jpg

    4. Re:mall rats by pedz · · Score: 1

      This system is of great use in these Internet days, since nobody seems to be quite sure of their age or gender.

      I'm and old fucker... except when governments and large corporations are involved then I become a fuckee...

  2. Sensationalized hyperbole by Anonymous Coward · · Score: 1

    Some advocates paint a dystopian armageddon based on possibilities, non of which the mall is actually doing. It's basically "They're not doing anything to complain about BUT THEY COULD!!11".

    The usual hardline, no-compromise outrage-activists that make people who care about sensible privacy look like tinfoil hatters.

    1. Re:Sensationalized hyperbole by Anonymous Coward · · Score: 0

      They could use that facial recognition to STEAL OUR SOULS!!"!!!!"!1

    2. Re:Sensationalized hyperbole by Anonymous Coward · · Score: 0

      Naw. They'll just use it to sell you new soles. (Shoes?)

    3. Re:Sensationalized hyperbole by Anonymous Coward · · Score: 2, Insightful

      The law prohibits private information being collected without consent. The fact that you visited a mall isn't private information. Neither is a software guess at your age and gender. I don't think anything a video camera in a public location can learn about you CAN be considered private information, really.

      For it to be private information, the information collected needs to be something provided in confidence. If they're recording your driver's license number, your telephone number or your address, that'd be one thing. But that's really not something they're going to get from your image appearing on a public-facing camera! In fact the only way this can be turned into a privacy violation would be to attach your image to information obtained from elsewhere... and that information isn't a problem (legally) if it was obtained with consent.

      So yeah, this really is hyperbole.

    4. Re:Sensationalized hyperbole by Anonymous Coward · · Score: 0

      Oh, this is so sweet. There are yokels out there that still fall for "its just metadata". It's like children who figure out Santa Clause is a ruse but still fall for the Easter Bunny. Adorable!

    5. Re:Sensationalized hyperbole by davide+marney · · Score: 1

      It's hyperbole because all the mall has to do is slap a sticker on the directory display that reads, "Your use of this directory is aggregated anonymously to help us make your shopping experience better" or something to that effect, and *poof* the "issue" goes away. It goes away so easily because it's a non-issue. Everyone who walks into a mall already understands that they are being monitored.

      THIS WEBSITE TRACKS YOUR PERSONAL DATA!!!!

      Even if you post "anonymously".

      Are you worried yet? Worried enough to not post?

      --
      "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    6. Re:Sensationalized hyperbole by ShanghaiBill · · Score: 1

      It's hyperbole because all the mall has to do is slap a sticker on the directory display ...

      NO!!! They should NOT do that. If "privacy warnings" get used every time someone walks in front of security camera, then they will soon become as meaningless as the California "cancer warnings" that are displayed anytime you enter a business that has an air conditioner, fax, or printer (i.e.: 100% of them). People will just get inured to them, and they will become meaningless.

      Privacy warnings should only be used when there is an actual privacy issue at stake. TFA is stupid.

    7. Re:Sensationalized hyperbole by Anonymous Coward · · Score: 0

      In a public location, like a street or a library. A mall is private property. Legally consent is required, even implied consent by advertising the fact that details about your person are going to be interpreted and stored on computer. As soon as they put one little sign up near the door they're covered legally. That'll happen soon.

    8. Re:Sensationalized hyperbole by Actually,+I+do+RTFA · · Score: 1

      . I don't think anything a video camera in a public location can learn about you CAN be considered private information, really.

      Even the US Supreme Court (which isn't exactly a bastion of privacy) disagrees with you. Sensors that exceed normal human wavelengths, sensors that track you or your car 24/7, and probably other rulings are all "invasions of privacy" that require a warrant if done by the police.*

      *IANAL, so you want to validate.

      --
      Your ad here. Ask me how!
    9. Re:Sensationalized hyperbole by Anonymous Coward · · Score: 0

      For it to be private use, the use needs to be something physically protected. If they're breaking and entering, pickpocketing or holding you at gunpoint, that'd be one thing. But that's really not something they're going to be charged with by you leaving something on a public bench! In fact the only way this can be turned into a theft of resources violation would be to destroy or otherwise prevent your further use of it... and that use isn't a problem (legally) if it was destroyed under some legal shrinkwrap appended to everything, or handwaved because not enough people give a shit to stop the practice.

      So yeah, your post really is hyperbole.

      FTFY.

      For those that don't get the message:

      Just because you can, doesn't mean you should. Ability to do it, or an unrelated voluntary action by others does not imply consent.

      Also, just because everyone else jumps off the cliff, doesn't mean you should as well, nor should you be forced to against your will.

    10. Re: Sensationalized hyperbole by Anonymous Coward · · Score: 0

      They are not capturing anything that is Personally Identifying about you or your identity. You are not being identified and nothing personal about you is being stored.

    11. Re: Sensationalized hyperbole by Anonymous Coward · · Score: 0

      Airppets do this all the time. Using camera triangulation they generate a digital id for you as you queue at customs, screening lanes etc. and then track your digital signature as you move around the airport. They then sell this data in near real-time to the shopping organisations. Where have you folks been ?

    12. Re:Sensationalized hyperbole by dcw3 · · Score: 1

      Last I checked SCOTUS doesn't have jurisdiction in Canada.

      --
      Just another day in Paradise
  3. People in public are... by Anonymous Coward · · Score: 0

    IN PUBLIC

    1. Re:People in public are... by Anonymous Coward · · Score: 0

      If you continuously tracked someone in person instead of with an automated system, you'd be in jail in no time. Just because I'm in public, you don't get to do anything you want to me.

    2. Re: People in public are... by Anonymous Coward · · Score: 0

      Actually, you are wrong. Someone CAN follow you and track your comings and goings. Private investigators do it all the time.

    3. Re: People in public are... by Anonymous Coward · · Score: 0

      Very, very carefully. Anti-stalking laws are a real thing. As are anti-harassment in various shapes. So, actually, considering the invasiveness and extension of what various kinds of companies take liberty to do, he's probably entirely correct.

      Also, sigh. What happened to not being an absolute asshole just because it's not forbidden in law to be one? Don't you understand where behaviour like that leads?

  4. Replacing a human by Anonymous Coward · · Score: 0

    Everyone should know they are being recorded by security cameras when they are in public. If they hired a human to review the security tapes and take notes on who used the kiosks to know what ads to put on them or whatever, very few would have issues with it.

  5. Legal vs ethical by mrwireless · · Score: 3, Insightful

    That's the problem with companies: too often they only ask if something is legal, and not if something is ethical.

    Luckily our laws are the result of the larger ethical debate we as a society have. If enough people feel that something is unethical, we change the laws. Look at the GDPR in Europe. So Canadians: get upset!

    1. Re:Legal vs ethical by Anonymous Coward · · Score: 0

      I doubt much will change as Cadillac Fairview owns a huge number of malls in larger metropolitan areas in Canada (aka political pressure). Even if this is legal in Alberta, it's probably legal in other provinces as well except for Quebec as they usually have much different laws. Also, due to their size, I am sure it will be allowed to continue albeit with implied consent via signs posted at all doors. Just because people provide explicit or implied consent doesn't mean something should be legal IMHO. What's really needed is an amendment to the Charter of Rights and Freedoms to include freedom and control of such evasive technology. No other provincial legislation will really fix anything as it'll only be temporary to match the political party in power at the time (aka lobbying). Sadly, this is only the beginning...

    2. Re:Legal vs ethical by Mashiki · · Score: 3, Informative

      Since this is being used for demographics information, and in turn sold/given to a 3rd party to determine who's buying/visiting/etc. It's automatically illegal in Canada under the privacy act, which requires informed consent from the individual.

      You can file a complaint here.

      --
      Om, nomnomnom...
    3. Re:Legal vs ethical by Anonymous Coward · · Score: 0

      That's the problem with companies: too often they only ask if something is legal, and not if something is ethical.

      Luckily our laws are the result of the larger ethical debate we as a society have. If enough people feel that something is unethical, we change the laws. Look at the GDPR in Europe. So Canadians: get upset!

      If someone was to sit on a bench with a notepad, and take notes about whatever, and it’s not illegal, what makes that unethical and how does it apply here?

      Collecting and even selling demographics information about who’s using what in the mall - where’s the ethics concern?

    4. Re:Legal vs ethical by Anonymous Coward · · Score: 0

      Since this is being used for demographics information, and in turn sold/given to a 3rd party to determine who's buying/visiting/etc. It's automatically illegal in Canada under the privacy act, which requires informed consent from the individual.

      You can file a complaint here.

      I’m taking notes on your approximate gender and age based on your post history, without your consent, so there’s another complaint for you to file.

      Ryan Fenton

    5. Re:Legal vs ethical by Mashiki · · Score: 1

      Iâ(TM)m taking notes on your approximate gender and age based on your post history, without your consent, so thereâ(TM)s another complaint for you to file.

      By all means, please continue to be this stupid.

      --
      Om, nomnomnom...
    6. Re:Legal vs ethical by Baloroth · · Score: 3, Interesting

      It took me five seconds to find that the relevant act summary states "[u]nder PIPEDA, personal information includes any factual or subjective information, recorded or not, about an identifiable individual" (emphasis mine). If they delete the pictures and don't guess an individuals identity, the information collected is not about an identifiable individual.

      --
      "None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
    7. Re:Legal vs ethical by Mashiki · · Score: 1

      How many of those people having their picture taken, have a facebook profile? I'll be 99% of them. That makes them an identifiable individual under the law, that's already been answered in case law as well.

      --
      Om, nomnomnom...
    8. Re: Legal vs ethical by Anonymous Coward · · Score: 0

      Now that becomes a different issue, but its not the issue being considered in this thread.

  6. Who is paying for all this data? by Anonymous Coward · · Score: 0

    Because it's basically a waste of time. It's a mall. it's 30% teenage girls, 30% women, and 40% "other".

  7. I wonder... by Anonymous Coward · · Score: 0

    ...when people will finally realize they do not have privacy in public....and never will...

  8. Privacy is dead, tin foil hat people by Anonymous Coward · · Score: 0

    I see a lot of these click bait stories about privacy issues with public cameras and one the other day with a Uber driver who was recording passengers. But in the end if your in a public place you are subject to being watched and monitored like it or not its not illegal to do so. Its also not illegal to use those cameras to detect illegal activity such as minors loitering, or other criminal activity. People should realize these cameras are put in place as a result of the actions of others.

  9. Burqa by Anonymous Coward · · Score: 0

    Ahhh... *this* is the thing behind the push to ban burqas by all those jeezers as of late. They're not nationalists, they're not identitaries, they aren't "defending Western civilisation" -- they are just lobbyists of the surveillance/ad-industry complex!

    That explains it.

  10. Possible Solution? by Palanthis · · Score: 0

    It would be hilarious if thousands of people started showing up to use the terminals while wearing Guy Fawkes masks. :)

    1. Re: Possible Solution? by Anonymous Coward · · Score: 0

      No, that would be stupid. The fact you consider it hilarious says a lot about you, none of it good.

    2. Re: Possible Solution? by Anonymous Coward · · Score: 0

      The fact you have no sense of humor says a lot about you, none of it good.
      Damn right it'd be hilarious!

    3. Re: Possible Solution? by Scarletdown · · Score: 1

      It would be fucking hilarious you emotionless aspie wannabe.

      --
      This space unintentionally left blank.
  11. Inadequate by Anonymous Coward · · Score: 1

    Can it really detect all 79 genders?

    1. Re:Inadequate by Scarletdown · · Score: 1

      With penis
      With vagina
      The rare instance with both

      What are the others?

      --
      This space unintentionally left blank.
    2. Re:Inadequate by Anonymous Coward · · Score: 0

      Attack Helicopter

    3. Re:Inadequate by Anonymous Coward · · Score: 0

      Attack Helicopter

      I'm a trans-racial black man. My new people feel persecuted by this, I'm being profiled just because I'm now african.

  12. Stores don't store my photo by Dirk+Becher · · Score: 1

    They just call the police every time I show up in public. But they don't store my photo.

  13. How can they tell your age and gender by your face by Anonymous Coward · · Score: 1

    Neither of those are possible to determine by face or body features, you have to ask!

  14. Nothing wrong with this by davide+marney · · Score: 2

    Society long ago accepted that any public space is under surveillance. They've had video cameras in shopping malls since there WERE shopping malls. I don't see how this is any different. In fact, even less invasive than the video cameras, since they don't save any personally-recognizable data.

    --
    "We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
    1. Re:Nothing wrong with this by Mashiki · · Score: 1

      In Canada, a mall is considered a semi-public space. Similar to how the front yard/sidewalk leading to the home is semi-public. Different rules apply under the law up here, recording for the purpose of security is acceptable. Recording for the purpose of "mining" information about the users of the mall is not.

      --
      Om, nomnomnom...
    2. Re:Nothing wrong with this by DCFusor · · Score: 1

      Does it being accepted make it not-wrong? Can we vote on other aspects of reality and morality too? Gravity - it's a pain.

      --
      Why guess when you can know? Measure!
    3. Re: Nothing wrong with this by Anonymous Coward · · Score: 0

      Except they arenâ(TM)t recording them. Reading is fundamental. Idiot.

    4. Re:Nothing wrong with this by dcw3 · · Score: 1

      But isn't the question of mining overcome by the fact that they're not recording information about any specific people? It just ends up being demographic information not tied to any individuals.

      FWIW, I'm all for privacy rights and not being tracked in public, but I don't have any issue with this case.

      --
      Just another day in Paradise
  15. See, we do live in a dystopian dictatorship!! Truuuuuummmmmppp!!!

    Oh ... you said Canada?

    Er .. look, a squirrel!

    1. Re:aha! by Anonymous Coward · · Score: 0

      > we do live in a dystopian dictatorship!!

      Actually no, not yet. But we're skidding towards that.

      > Truuuuuummmmmppp!!!

      Yep he (actually his stupid electorate) is helping in that.

      I know your post was meant as irony, but do look around you and *think* (if you're capable of that).

  16. Dumb Notions by JimSadler · · Score: 1

    There is no such thing as privacy in a public space. The idea that others can not study you when you are in plain sight is essential to liberty. I am reminded of the girl in the string bikini at the beach is angry because the wrong guy looked at her. How dumb can people get?

    1. Re: Dumb Notions by Anonymous Coward · · Score: 0

      There is privacy in public space. A human without knowing you personally cannot know who you are, and what not

    2. Re: Dumb Notions by drinkypoo · · Score: 2

      There is privacy in public space. A human without knowing you personally cannot know who you are, and what not

      Neither can an "intelligent" camera system. But there is already no expectation of privacy in a mall. They are public spaces (as they are open to the public) and you can legally photograph people in them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re: Dumb Notions by Anonymous Coward · · Score: 0

      Malls are *absolutely not* public spaces. Make a fuss and mall security will kick you out. Just because they are "open to the public" doesn't mean what you think it does.

    4. Re: Dumb Notions by drinkypoo · · Score: 2

      Malls are *absolutely not* public spaces. Make a fuss and mall security will kick you out.

      County parks are *absolutely not* public spaces. Make a fuss and the police will kick you out.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Dumb Notions by Anonymous Coward · · Score: 0

      There is no such thing as privacy in a public space. ... How dumb can people get?

      Hey look, a facebook user.

    6. Re: Dumb Notions by drinkypoo · · Score: 1

      You're too stupid for the internet if you don't know the difference between a mall and a park.

      First got on the internet about 1992
      Still here

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re: Dumb Notions by dcw3 · · Score: 1

      First got on the internet about 1992
      Still here

      Well, that explains all the problems we've been having!

      --
      Just another day in Paradise
  17. Shoplifting by Anonymous Coward · · Score: 0

    Probably watching for known shoplifters.

  18. I have learned to avoid them by Anonymous Coward · · Score: 0

    So that will apply to more than just malls I suspect wallyworld also.

  19. LAWnmower by Anonymous Coward · · Score: 0

    And what is the punishment that the persons defining themselves as the state of Canada prevent for that offense?
    What lifelong compensation do I get if I feel like a person who could have entered those malls or if I feel like a person who has been recorded there?

  20. Wrong, again. by Anonymous Coward · · Score: 0

    Malls are private property. They allow people to access them, but there's no right/entitlement to do so. Think about that...

  21. gender? by Anonymous Coward · · Score: 0

    How do they know what gender they are? How does this camera/software setup know how they identify?

  22. Re:Nothing wrong with this - there is in Canada by FeelGood314 · · Score: 1

    In Canada, I have an expectation that the video surveillance will only be viewed if a crime has been committed and that if no crime has been committed it will be deleted in a short period of time. If I'm in an intimate place like a taxi, I have an expectation that only law enforcement will view it in the event of a crime. These malls haven't broken the law but they are close.

    My city, Ottawa, experimented with putting up cameras in the parks. The cameras had software in them so that only the park was actually recorded. They masked out any buildings or private property before the data was saved. In the end they determined that the amount of crime prevention didn't justify the surveillance and dropped the project.

  23. Re: Dumb Notions - not so dumb after all by FeelGood314 · · Score: 1

    Not in Canada. You can't legally photograph me for commercial purposes in a public place (there are exceptions for public figures). Also some pictures even in a public place would be considered an invasion of privacy. Examples would be: Using a telephoto lens or taking a picture in wavelengths that make clothing see through or taking a picture under a woman's skirt. Even using a drone with a go-pro in a public place could get you in trouble. I have an expectation that people will see me and look at me in a public place with their eyes. I can expect, as long as they aren't being creepy and invading my space, them to record what they see for their personal use. Beyond that, I expect that I will not be recorded.

  24. Couldn't a human sitting there do this too? by Maxo-Texas · · Score: 1

    I mean, you could have a human with four buttons to click/press as people walk into the mall.
    Young, old, male, female.

    I'm creeped out by our growing surveillance state, but I don't see how you need someone's consent to note details about them in public.

    It would certainly put a crimp on the private detective business.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  25. Writing to memory is still storage by TexasTroy · · Score: 1

    Long-term, short-term -- it is still being stored.

  26. Shop Online? by Anonymous Coward · · Score: 0

    Shop online, get monitored and tracked.
    Shop in malls, get monitored and tracked.
    Welcome to Canada!

  27. I disagree by Anonymous Coward · · Score: 0

    It's people like you who perpetuate the myth of acceptance

    Automated surveillance is completely different than people in public being naturally and passively visible to others in public

  28. Re:How can they tell your age and gender by your f by Anonymous Coward · · Score: 0

    Maybe Canadians are not as evolved as we are in the US. They are still burdened with only two genders.

  29. Re: Dumb Notions - not so dumb after all by Anonymous Coward · · Score: 0

    Not sure. Its prolly just recording meta-data of the photos. Of course, it may be recording the entire matrix of pixel data @ 29.97 FPS as "meta-data" ;-)

  30. Nice by Anonymous Coward · · Score: 0

    At least we know that's a mall doing it. Can anyone imagine what company or person has our details, that tells everything we like and did? Like Goo.. and all 'social medias' do. Wake up call people this is happening for a long time, stopping pretending be super silly

  31. Being observant is now a crime? by Anonymous Coward · · Score: 0

    A shopkeep could have done this in the year 1250

  32. Re: Dumb Notions - not so dumb after all by Anonymous Coward · · Score: 0

    They're not photographing you - they're creating a digital id that is indicative of your image. Youre confusing the act of taking a photo and storing it for subsequent, other purposes.

  33. Re:How can they tell your age and gender by your f by dcw3 · · Score: 1

    You can't be serious? They've even got software that's gotten pretty accurate (~70-80%) at telling if someone's gay or not...no shit, you can google that one for yourself.

    --
    Just another day in Paradise