Privacy Commissioner of Canada Daniel Therrien listens during a news conference in Vancouver, Tuesday, Nov. 26, 2019. A federal watchdog says he is investigating Pornhub over potential privacy breaches related to alleged non-consensual images posted to the web platform. THE CANADIAN PRESS/Darryl Dyck

Privacy Commissioner of Canada Daniel Therrien listens during a news conference in Vancouver, Tuesday, Nov. 26, 2019. A federal watchdog says he is investigating Pornhub over potential privacy breaches related to alleged non-consensual images posted to the web platform. THE CANADIAN PRESS/Darryl Dyck

Canada’s privacy watchdog investigating Pornhub over alleged non-consensual content

MindGeek has denied all accusations of wrongdoing

A federal watchdog says he is investigating Pornhub over potential privacy breaches related to exploitive content posted online, as concerns around non-consensual use of images in a digital world continue to mount.

At a parliamentary committee Monday, privacy commissioner Daniel Therrien said his office is looking into the pornography site and its Montreal-based parent company, MindGeek, following testimony from women who say Pornhub brushed off their pleas to have videos taken down.

More than 100 victims of exploitive content and scores of lawmakers have also called for a full criminal investigation into MindGeek, alleging it regularly shared child pornography and sexual-assault videos as well as content shot or posted without the consent of subjects.

MindGeek has denied all accusations of wrongdoing, saying it is a global leader in preventing distribution of exploitive videos and images and has zero tolerance for non-consensual content or child sexual-abuse material.

“MindGeek is fully co-operating with the Office of the Privacy Commissioner of Canada. As this is an ongoing investigation, we are unable to comment further,” the company said in an email.

Therrien, responding to questions from NDP MP Charlie Angus, said consent is required to disclose personal information under federal law.

“There’s a further rule which provides that even if consent is provided, a company cannot collect, use and disclose information if a reasonable person would find that inappropriate,” Therrien told the House of Commons ethics committee.

The commissioner declined to reveal more about the ongoing probe into the porn giant.

RCMP Commissioner Brenda Lucki told committee members last month that the call from more than 70 lawmakers for a criminal probe is under review, adding that the police agency does not comment on whether an incident is under investigation.

MindGeek draws 170 million visitors a day, including four million Canadians, and generates $460 million in annual revenue, according to the company. It frequently ranks among the dozen most-visited sites in the world, ahead of Netflix and Zoom.

It isn’t the only company to stir up privacy concerns of late, with U.S. firm Clearview AI drawing condemnation from Therrien and three provincial counterparts in a February report.

The paper found that the New York-based company’s scraping of billions of images of people from across the internet using facial recognition technology amounted to a clear violation of Canadians’ privacy rights.

On Monday, Therrien said new legislation known as Bill C-11 and now in second reading needs to go further to safeguard personal privacy and “reduce the risks of facial recognition technology.”

Inadequate regulation jeopardizes privacy rights, “but also impacts the ability to exercise other rights such as freedom of expression and association, equality and democracy,” he told the panel of MPs.

“I think very, very significant amendments to Bill C-11 should be made to adequately protect privacy.”

Therrien warned that the legislation, which states that privacy and commercial considerations must be balanced, could effectively favour the latter in a way that the current, two-decade-old Personal Information Protection and Electronic Documents Act does not.

“The bill gives more weight to the commercial interests by adding new commercial factors to be considered in the balance, without adding any reference to the lessons of the past 20 years on technology’s disruption of rights,” he said.

“I urge you to make clear in Bill C-11 that where there is a conflict between commercial objectives and privacy protection, Canadians’ privacy rights should prevail.”

Clearview AI’s technology allows for the collection of huge numbers of images from various sources that can help police forces, financial institutions and other clients identify people.

The report by Therrien and privacy-protection authorities for Alberta, British Columbia and Quebec said the company’s algorithms allowed law enforcement and commercial organizations to match photographs of unknown people against the company’s databank of more than three billion images for investigation purposes.

The RCMP became a paying customer and a total of 48 accounts were created for law enforcement and other organizations across the country, the commissioners said.

Clearview AI said it would cease offering its facial recognition services in Canada and that its contract with the RCMP would be terminated, Therrien announced in July.

An investigation into the RCMP’s use of the Clearview AI launched by the watchdog in February 2020 is “nearing completion,” Therrien said Monday.

Christopher Reynolds, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

privacy

Just Posted

Rahim Manji owns and operates the Hollywood 3 Cinemas in Newton, along with the Caprice in South Surrey, a theatre in Duncan and another in Pitt Meadows. “I think right now it feels different than last June, it just does,” Manji said. “I’m a lot more optimistic, with more people calling, more people out and getting vaccinated, so I think the comfort level is a lot better.” (Photo: Tom Zillich)
Surrey movie theatre operators reopen and rejoice, even with 50-max capacity

‘We have been one of the hardest-hit industries’

A sign warning of a pack of coyotes hangs near 2660 Croydon Dr. (Aaron Hinks photo)
South Surrey woman sounds alarm after encounter with pack of coyotes

Susan Martin said three full-grown coyotes were lurking around her home

(Delta Police Department photo)
Delta police searching for Surrey woman missing at Centennial Beach

Wenyan Lan, 54, reported missing when she didn’t come home from a crabbing/clam digging trip June 14

Ian MacDonald, spokesman for Surrey Police Service. (Submitted photo)
Surrey Police Service launches public consultation campaign

This is to help the SPS form its first strategic plan

Outdoor vendors at the Cloverdale Flea Market are seen in this bird’s eye view image from the flea market’s Facebook page.
Cloverdale Flea Market to reopen

Market to open June 20 after being closed since Nov. 2020

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

(Black Press Media file)
Dirty money: Canadian currency the most germ-filled in the world, survey suggests

Canadian plastic currency was found to contain 209 bacterial cultures

(pixabay file shot)
B.C. ombudsperson labels youth confinement in jail ‘unsafe,’ calls for changes

Review states a maximum of 22 hours for youth, aged 12 from to 17, to be placed in solitary

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Eleonore Alamillo-Laberge, 6, reads a book in Ottawa on Monday, June 12, 2017. THE CANADIAN PRESS/Sean Kilpatrick
Parents will need to fight ‘COVID learning slump’ over summer: B.C. literacy experts

Parents who play an active role in educating their children this summer can reverse the slump by nearly 80%, says Janet Mort

The border crossing on Highway 11 in Abbotsford heading south (file)
Western premiers call for clarity, timelines on international travel, reopening rules

Trudeau has called Thursday meeting, premiers say they expect to leave that meeting with a plan

The B.C. government’s vaccine booking website is busy processing second-dose appointments, with more than 76 per cent of adults having received a first dose. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 infections, hospitalizations stable for Tuesday

108 new confirmed cases, 139 in hospital, 39 in intensive care

A worker, at left, tends to a customer at a cosmetics shop amid the COVID-19 pandemic Thursday, May 20, 2021, in Los Angeles. (AP Photo/Marcio Jose Sanchez)
Half of cosmetics sold in Canada, U.S. contain toxic chemicals: study

Researchers found that 56% of foundations and eye products contain high levels of fluorine

Most Read