Identity Certification and the Protection of Human Rights
August 2010
Prepared by:
Caleb Chepesiuk
Independent Researcher
and
Maciej Mark Karpinski
Senior Research Analyst, Research and Statistical Analysis
Canadian Human Rights Commission
and
Dr. Charles Théroux
Director, Research and Statistical Analysis
Canadian Human Rights Commission
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EXECUTIVE SUMMARY
This study examines the various methods used to certify an individual’s identity as a way of exploring the implications that may arise when implementing these methods on those rights protected under the Canadian Human Rights Act (CHRA). The CHRA seeks to protect individuals from discrimination based on a prohibited ground (race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or a pardoned conviction) in employment and in the provision of services. It is a violation to deny access to or differentiate adversely in relation to any individual based on the enumerated prohibited grounds unless there is a demonstrated justification.
The study reviews various identification methods. The actual or potential discriminatory impact of each identification method is then examined based on the enumerated grounds under the CHRA. For each identification method, relevant Canadian jurisprudence is surveyed concerning the discriminatory impact, including measures of accommodation or bona fide justifications where an accommodation was not possible.
Non-biometric and biometric measures are surveyed including a person’s name, date of birth, the face, the hand, fingerprints, irises, and handwritten signatures.
The identity documents reviewed consist of the Passport, the Canadian Permanent Resident Card, CANPASS AIR and NEXUS.
The review found that most of the biometric measures have limits and may affect one or more groups protected under the CHRA.
The Supreme Court of Canada has indicated that employers and service providers have a duty to prevent new barriers from arising. This is to be done by developing the measure in the most inclusive way possible. Biometrics should therefore be developed in a manner that allows the largest number of individuals to participate. Where technological limits exist, alternative and/or supplemental metrics ought to be considered. Using supplemental metrics, thereby creating multi-modal systems, offers a degree of flexibility that may be able to address a number of potentially discriminatory effects. Where additional exceptions are required, policies and practices for accommodating individual differences short of undue hardship should be also considered.
The Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act recognize that there may be limits to the exercise of individual rights. The responsibility, however, is on the organization employing the measure to demonstrate that the system used was designed in a manner that is consistent with human rights principles.
TABLE OF CONTENTS
- INTRODUCTION
- METHODOLOGY
- METHODS OF IDENTITY CERTIFICATION
3.1 NON BIOMETRIC IDENTIFIERS
3.2 BIOMETRIC IDENTIFIERS
3.2.1 Facial Recognition
3.2.2 Hand Geometry
3.2.3 Fingerprinting
3.2.4 Iris Recognition
3.2.5 Handwritten Signature
3.2.6 Other Biometric Methods
3.3 LIMITATIONS OF BIOMETRIC METHODS
3.3.1 Accessibility
3.3.2 Discretionary decisions based on manual inspection
3.3.3 Means of mitigating biometric limitations
- THE USE OF NON-BIOMETRIC AND BIOMETRIC METHODS IN IDENTITY DOCUMENTS
4.1 PASSPORT, CANADIAN PERMANENT RESIDENT CARD, CANPASS AIR, NEXUS
4.2 REQUIREMENTS OF NON-BIOMETRIC IDENTIFIERS
4.3 REQUIREMENTS FOR THE USE OF BIOMETRIC IDENTIFIERS
4.4 HUMAN RIGHTS LEGAL ISSUES THAT HAVE ARISEN FROM THE USE OF NON-BIOMETRIC IDENTIFIERS
4.5 HUMAN RIGHTS LEGAL ISSUES THAT HAVE ARISEN FROM THE USE OF BIOMETRIC IDENTIFIERS
- THE IMPACT OF BIOMETRICS ON HUMAN RIGHTS: TWO KEY PRINCIPLES
5.1 THE DUTY TO ACCOMMODATE
5.2 A BONE FIDE JUSTIFICATION
- CONCLUSION
APPENDIX A
BIBLIOGRAPHY