Algorithmes et intelligence artificielle : une note sur l'état de la réglementation des technologies utilisant la reconnaissance faciale automatique au Canada et aux États-Unis.

Whether they are used by private or public entities, facial recognition technologies are subject to debate and controversy, notably around the lack of specific legislation on their use. Although artificial intelligence (AI) and automated decision-making systems have raised questions and sparked debate in Canada and the U.S., police departments have used such technologies in various contexts. Literature demonstrates the challenges brought by facial recognition algorithms range from biases related to errors of identification and matching to challenges of values and ethics, including environmental issues. Despite an increasing trend in the use of leading-edge automated biometric identification technologies, existing legal and policy instruments have not kept pace with the highly evolving field of high-tech. This note provides an overview of the policies and legal frameworks in Canada and in the U.S. with respect to the acquisition, use and integration of facial recognition technologies. In particular, we show that despite an increasing integration of such technologies across various entities, the policy, legal and regulatory frameworks are yet to be adapted to the new reality of AI biometric identification. Issues related to human rights, privacy and equity call for further examination of the instruments in place. [ABSTRACT FROM AUTHOR]