The Quebec Commission on Access to Information ('CAI') announced, on 28 October 2021, that as a result of a decision rendered last June, the CAI assessed a company's file and concluded that the collection of personal information using a thermal camera and a facial recognition tool in the context of the pandemic goes against the Act Respecting the Protection of Personal Information in the Private Sector, CQLR c P-39.1. In particular, CAI recognised that as an employer, a company has obligations regarding the health and safety of its employees and, consequently, has a real interest in putting in place specific measures to prevent an outbreak of COVID-19. However, the CAI highlighted that colle
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Quebec: CAI rules usage of thermal camera and facial recognition in the context of COVID-19 unlawful
October 29, 2021
Summary
The Quebec Commission on Access to Information (CAI) ruled that a company's use of thermal cameras and facial recognition for monitoring employee health during COVID-19 is unlawful under the Act Respecting the Protection of Personal Information in the Private Sector. The CAI stated that collecting body temperature and biometric data for facial recognition is neither legally required nor recommended by public health authorities, and is disproportionate to the aim of preventing a COVID-19 outbreak. The CAI ordered the company to stop collecting such data, to cease compiling files on employees' temperature fluctuations, and to destroy all biometric templates and temperature data related to the employees.