OPC clarifies rules around necessity, proportionality, consent, bias, disposal of data — and legal experts offer tips for HR
As biometric technologies such as facial recognition and fingerprint scanning become increasingly common in Canadian workplaces, the Office of the Privacy Commissioner of Canada (OPC) has released new guidance for employers.
While the information is meant for federally regulated employers, it’s “good guidance to use for all employers in Canada,” according to Robbie Grant, associate at McMillan in Toronto.
“It demonstrates how other privacy regulators would likely look at this, in particular those in B.C. and Alberta.”
This guidance was issued in draft form back in 2023 and then the commissioner opened it up to input from stakeholders, he says: “They've ironed it out, and I think improved the guidance.”
The OPC’s new guidance comes in response to the growing adoption of biometrics for identity verification and service delivery. While these technologies can streamline access and enhance security, they also raise significant privacy concerns.
The guidance was revised to include:
The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a crimi...