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In the view of the Canadian Civil Liberties Association, it gets concerning when drones are used to monitor large-scale events, like demonstrations or protests, says Daniel Konikoff, interim director of the association's privacy, technology and surveillance program.
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It provides capacity to capture, store, manage and share large audio and video files, including those recorded and shared through cell phones, 9-1-1 audio, interview room and body-worn cameras, as well as photographs. It allows the public to upload evidence related to an investigation directly to our system without the inconvenience of waiting for an officer to attend in person to collect the files.
Please visit Axon Public Safety Canada directly for information on their privacy considerations and security: https://www.axon.com/axon-citizen-privacy-policy and https://www.axon.com/security/axon-evidence.
The WRPS Digital Evidence Management System (DEMs) is a Canadian cloud-based platform that allows police to store, manage, transfer and share digital evidence across all public safety agencies. Axon Public Safety Canada operates this platform, also known as Evidence.com and Axon Evidence. The Province of Ontario, on behalf of all police services, procured this cloud-based technology to modernize evidence sharing securely amongst justice sector partners and the general public.
When it comes to police and surveillance technology, Keenan, the author of Technocreep, said we need to have a much more evolved view of the landscape.
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"You're not allowed to look into somebody's house. The problem with the drone is, you can look into their backyard, maybe you can look through their windows," Keenan said.
You or your organization may have recently received an invitation to upload digital evidence through an external link provided by the Waterloo Regional Police Service. The information below provides some background on the privacy and security behind this request.
WRPS is committed to assessing the impacts of new and existing technology, procedures and programs with access and privacy at the forefront, as well as to ensure compliance with the Criminal Code of Canada, the Charter of Rights and Freedoms, the Police Services Act, the Youth Criminal Justice Act and any other relevant laws or legislation. As such, information is collected through lawful authority, judicial authorization or upon consent.
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Axon Public Safety Canada manages our DEMS platform through a Canadian cloud-based system. The system has established organizational-wide controls to ensure secure storage, transfer and disposal of all digital records. These controls govern any wrongful access, attempts to defeat security measures, and inappropriate or personal use of this infrastructure.
Drones are expect to serve as a complement to the existing police helicopters, according to CPS. The police service uses DJI Mavic platforms for its operations.
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"The primary issues have to do with transparency. Are people notifying people that they are using drones at the outset, before folks come out to a demonstration?" Konikoff said.
There's a question of accountability, here. Who is keeping the drone footage, and who is checking to see what the drone was used for? Keenan said police forces are still struggling with those questions.
"Are they providing people the opportunity to meaningfully participate, as in, you know that there will be drone surveillance at one of these events?"
Axon Community allows critical evidence to be submitted securely by the community into the WRPS DEMs system, where the software's powerful features will create a chain of custody for all forms of digital evidence anywhere in the province. Files submitted through any Axon Community link will undergo a scan for viruses when the files are ingested into system.
If you require any further information or clarification on this issue, please contact the investigating officer that sent you the submission request.
Please review the Evidence Submission Request FAQ’s at the bottom of this letter for information on frequent questions or concerns on the security of your submission.
"But I worry about the category called 'tactical,' because maybe that's flying over protests. Maybe you're identifying people in the protests, or documenting things. And no camera angle is perfect," he said.
He cited the U.S. Supreme Court case of Kyllo v. United States. It involved federal agents using a thermal imaging device outside the home of Oregon resident Danny Lee Kyllo, whom they suspected of growing marijuana. That was deemed to be an invasion of Kyllo's privacy under the Fourth Amendment.
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CPS says it first began operating drones in its traffic section in 2015 for collision reconstruction investigations. It expanded their use to its tactical unit in 2020, and uses drones in its digital unit to provide footage for internal training and both internal and external media content.
Any digital files submitted for an investigation but not used as evidence to support a prosecution are retained for a 30-month period. This takes into consideration the current civil limitation period of 24 months plus the time to serve a claim of 6 months.
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Axon Community is the application WRPS officers use within our DEMS platform to send electronic invitations to witnesses to upload photographic or video evidence into our secure storage cloud, without confiscating phones/devices or setting appointments to gather hard copies of these files. This reduces the need for the use of DVD’s, USB’s, or any other transportable method that ultimately increases the risk of a privacy breach through lost media or storage of personal information in multiple locations.
"In all cases, [drone] pilots are adhering to the Canadian Aviation Regulations and Canadian Charter of Rights and Freedoms. The safety and privacy of the public is our top priority," CPS wrote in a statement.
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Full tamper-proof evidence audit records are created that cannot be edited or changed, even by account administrators. Evidence data is encrypted in transit and while at rest in storage.
CPS says it plans to add a drone co-ordinator role sometime in 2024. That person will be expected to maintain existing programs and integrate new ones.
The Calgary Police Service has deployed drones 96 times this year as of Nov. 30. That's the same as all of last year but nearly double what CPS deployed in 2021, according to police data.
The exploration and use of technology is essential for WRPS to meet its obligations to the community regarding public safety, including the prevention and investigation of crimes, as well as to improve overall administration. Technologies assessments protect privacy and security while ensuring the public has access to police information, as outlined in the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
It is a priority for CBC to create products that are accessible to all in Canada including people with visual, hearing, motor and cognitive challenges.
"Advances in technology will allow the CPS to conduct collision scene and crime scene investigations more efficiently and make first response and tactical operations safer for the public and our members," CPS wrote.
If the files submitted are required as evidence in a court proceeding, they will be retained in accordance with existing evidence retention periods.
Tom Keenan, a professor in the School of Architecture, Planning and Landscape at the University of Calgary and author of Technocreep, The Surrender of Privacy and the Capitalization of Intimacy, took a look at the numbers provided by CPS.
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"It can have this chilling effect, where perhaps we're less comfortable going out in public and demonstrating our points of view under the fear or concern that we are being watched."
There's also the possibility that one may not even be able to make a decision regarding whether they'd like to participate in such an event but not be observed by drone technology.
He said it's "certainly legitimate" that most of the flights are for traffic incidents. If a car was about to explode, for instance, one wouldn't want officers to be in danger. Plus, drones are able to capture images from traffic incidents that wouldn't be accessible otherwise.
Joel is a reporter/editor with CBC Calgary. In fall 2021, he spent time with CBC's bureau in Lethbridge. He was previously the editor of the Airdrie City View and Rocky View Weekly newspapers. He hails from Swift Current, Sask. Reach him by email at joel.dryden@cbc.ca
The use of drones by police services across Canada is increasingly viewed as a method to gain a top-down perspective on investigations. But there are many who worry about the privacy implications of using such a technology, concerns the police force says it is aware of.