After months of delays, the House of Commons Standing Committee on Industry and Technology has finally begun to conduct hearings on Bill C-27, which wraps Canadian privacy reform and AI regulation into a single legislative package. Last week, I appeared before the committee, making the case that the process is need of fixing and the bill in need of reform. The appearance sparked a wide range of questions from MPs from all parties. This week’s Law Bytes podcast takes you inside the committee hearing room for my opening statement and exchanges with MPs.
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Canada Plans to Regulate Search and Social Media Use of Artificial Intelligence for Content Moderation and Discoverability
The Canadian government plans to regulate the use of artificial intelligence in search results and when used to prioritize the display of content on search engines and social media services. AI is widely used by both search and social media for a range of purpose that do not involve ChatGPT-style generative AI. For example, Google has identified multiple ways that it uses AI to generate search results, provide translation, and other features, while TikTok uses AI to identify the interests of its users through recommendation engines. The regulation plans are revealed in a letter from ISED Minister François-Philippe Champagne to the Industry committee studying Bill C-27, the privacy reform and AI regulation bill. The government is refusing to disclose the actual text of planned amendments to the bill.
Why Industry Minister Champagne Broke the Bill C-27 Hearings on Privacy and AI Regulation in Only 12 Minutes
More than a year after Bill C-27 was first introduced, the Standing Committee on Industry, Science and Technology finally launched its review of the bill yesterday with an opening appearance from ISED Minister François-Philippe Champagne. The delays in Bill C-27 reflect significant concern with both the effectiveness of the privacy provisions and the inclusion of an AI bill that is widely viewed as inadequate. Champagne started with a 12 minute opening statement in which he assured committee members that he had heard the criticisms and that the government had a wide range of amendments planned to address the concerns. While many of the potential amendments sounded quite positive, once MP questions commenced it became clear that the department had yet to actually draft them and has no plans to provide the actual text until the committee starts clause-by-clause review of the bill. In other words, the government has decided how it wants to change Bill C-27 before a single external witness appears before committee, but it will only release the actual amendments after the witness portion of the committee study is over. The end result is that Champagne broke the hearings before they had really begun, with dozens of witnesses ready to testify about a bill that the government plans to change but won’t provide legislative language.
The Law Bytes Podcast, Episode 178: Bianca Wylie on Canada’s Failing AI Regulatory Process
It’s been a dizzying stretch since the launch of Chat GPT, with artificial intelligence regulation and policy bursting forward as top concern in Canada and around the world. From a Canadian perspective, Bill C-27 got most of its initial attention for its privacy provisions, but its inclusion of an AI bill – AIDA – has emerged as a huge issue in its own right. Meanwhile, the government has also quietly been pushing ahead with new generative AI guidelines that may debut this week. Bianca Wylie is a writer and an open government and public technology advocate with a dual background in technology and public engagement. She’s become increasingly uncomfortable with the AI regulatory process in Canada and she joins the Law Bytes podcast to provide her thoughts about AIDA, generative AI regulation, and a process she believes is in dire need of fixing.
The Law Bytes Podcast, Episode 168: Privacy Commissioner of Canada Philippe Dufresne on How to Fix Bill C-27
It has taken many months, but Bill C-27, the government’s long overdue effort at privacy reform finally is headed to committee for review. Philippe Dufresne, the Privacy Commissioner of Canada, has been patiently waiting for this moment, armed with a comprehensive review of the bill and a wide range of recommendations for amendments that include a more explicit framing of privacy as a fundamental right.
Dufresne was appointed as Canada’s privacy commissioner nearly one year ago and in months since has made numerous committee appearances, issued high profile findings involving companies such as Home Depot, battled Internet companies in the courts, and worked on the privacy implications of AI. He joins the Law Bytes podcast to reflect back on his first year in the position and to outline his proposals to strengthen Canada’s best shot at a modernized privacy law.
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