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

Filming of The Baker’s Son in Chemainus. (File photo by Don Bodger)
Bread-making brilliance and mediocrity the recipe for movie ingredients

Willow Street on the map as a prominent location in The Baker’s Son

The return of Community Policing will be a welcome addition by residents. (File photo by Don Bodger)
Return of Community Policing in the works

Volunteers being sought and coordinators to be announced soon

Sonia Furstenau, MLA
Proposed Health Professions Act would eliminate barriers, guide regulations

Is your doctor a member of good standing with the BC College… Continue reading

These Douglas fir logs were found poached in April on Stoney Hill in North Cowichan’s forest reserve. (Larry Pynn/sixmountains.ca)
Fines in forest reserve could increase significantly after illegal logging

North Cowichan considering fines of up to $50,000

North Cowichan’s senior environment specialist Dr. Dave Preikshot (pictured) said there’s a wide spectrum of views on carbon credits. (File photo)
Carbon credits expected to be part of discussions around forest reserve

North Cowichan acknowledges wide range of views on issue

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Montreal Canadiens goaltender Carey Price (31) is scored on by Vegas Golden Knights defenseman Alec Martinez, not pictured, during the second period in Game 1 of an NHL hockey Stanley Cup semifinal playoff series Monday, June 14, 2021, in Las Vegas. (AP Photo/John Locher)
Habs fall 4-1 to Vegas Golden Knights in Game 1 of NHL semifinal series

Match was Montreal’s first game outside of Canada in 2021

Kelowna-Lake Country MLA Norm Letnick, assistant deputy speaker at the B.C. legislature, presides over committee discussions. The legislature is completing its delayed spring session this week, with most MLAs participating by video conference. (Hansard TV)
B.C.’s daily COVID-19 infections dip below 100 over weekend

Only 68 new cases recorded Monday, four additional deaths

Gabriola Island artist Sheila Norgate is promoting the Digital Innovation Group’s art impact survey. (File photo)
Vancouver Island artists get behind regional arts impact study

Artists urged to use their stature to help put arts and culture super-region on the map

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

The BC Ferries website went down for a short while Monday morning following a provincial announcement that recreational travel between health authorities can resume Tuesday. (Black Press Media file photo)
BC Ferries’ website crashes in wake of provincial reopening announcement

Website back up now, recreational travel between health regions to resume as of Tuesday

Neighbours fight a small late-night bush fire with garden hoses and shovels in Cinnabar Valley on June 5. They couldn’t get help from local fire services because the fire was located in an area under B.C. Wildfire Services jurisdiction. (Photo courtesy Muriel Wells)
Neighbours on edge of Nanaimo city limits left to put out bush fire themselves

Cinnabar Valley residents tackle fire with hoses and buckets for two and a half hours

Darren Campbell’s truck (pictured) was stolen when he stopped to check on a car in a ditch on Cowichan Bay Road on Monday morning. (Facebook photo)
Vancouver Island Good Samaritan’s truck stolen in nasty trick

‘Try to be a Good Samaritan and my $20,000 truck gets stolen right under my nose’

The Kamloops Indian Residential School is photographed using a drone in Kamloops, B.C., Monday, June, 14, 2021. The remains of 215 children were discovered buried near the former school earlier this month. THE CANADIAN PRESS/Jonathan Hayward
Communities grapple with what to do with former residential and day schools

Some tear them down as a tool to help healing, others repurpose them as tools for moving forward

Most Read