The controversy over Facebook and Cambridge Analytica was back in the spotlight in Canada as the Federal Court sided with Facebook and against the Privacy Commissioner of Canada in a decision arising from a 2019 investigation into the matter. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings, took the matter to court, and won. What lies behind the decision and what does it mean for privacy in Canada? My colleague Teresa Scassa, who holds the Canada Research Chair In Information Law, is widely regarded as one of Canada’s leading privacy law experts. She posted on the decision soon after its release and joins the Law Bytes podcast to talk about the ruling and its broader implications.
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
Privacy
Why the Government Should Hit the Regenerate Button on its AI Bill
As anyone who has tried ChatGPT will know, at the bottom of each response is an option to ask the AI system to “regenerate response”. Despite increasing pressure on the government to move ahead with Bill C-27’s Artificial Intelligence and Data Act (AIDA), the right response would be to hit the regenerate button and start over. AIDA may be well-meaning and the issue of AI regulation critically important, but the bill is limited in principles and severely lacking in detail, leaving virtually all of the heavy lifting to a regulation-making process that will take years to unfold. While no one should doubt the importance of AI regulation, Canadians deserve better than virtue signalling on the issue with a bill that never received a full public consultation.
Canada’s Privacy Failure: Federal Court Dismisses Privacy Commissioner’s Complaint Against Facebook Over Cambridge Analytica
The Federal Court of Canada last week dismissed the Privacy Commissioner of Canada’s complaint against Facebook stemming from alleged privacy violations involving Cambridge Analytica. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings and took the matter to court. Last week, a court sided with the social media giant, concluding that the Privacy Commissioner did not provide sufficient evidence that Facebook failed to obtain meaningful consent when sharing information with third-party applications and rejecting a claim that Facebook did not adequately safeguard user information. The Cambridge Analytica case sparked investigations and complaints worldwide, leading to a $5 billion penalty in the U.S., significant settlements of private lawsuits, fines in the UK, and extensive new rules in the European Union. Yet in Canada, the case against the company has been dismissed, raising troubling questions about how it was handled and the adequacy of Canadian privacy law.
The Government’s Fishing Expedition: Why the Bill C-18 Motion Establishes a Dangerous Precedent For Those Who Dare to Oppose Legislation
The Canadian Heritage committee moved ahead yesterday with a Bill C-18 motion that should strike fear in any group that participates in the political process. In a chaotic few minutes toward the end of the meeting, Liberal MP Anthony Housefather introduced a new motion that removed some of the worst of the authoritarian-style provisions previously proposed by the Parliamentary Secretary to the Minister of Canadian Heritage that demanded the private communications of potentially thousands of Canadians. However, it still retained mandated document disclosures that should send a chill into companies, NGOs, and anyone else that engages in, or strategizes about, government legislation. Calling executives into committee is not only appropriate, it is often essential. So too is following up with document demands based on the discussion. But in this case, the Heritage committee is engaged in a fishing expedition based largely on opposition to government legislation.
Canadian Chamber of Commerce Warns on Government-Backed Bill C-18 Motion: “A Serious Threat to the Privacy of Canadians”
Later today, the Standing Committee on Canadian Heritage will vote on a government-backed motion that would compel Google and Facebook to disclose private third-party communications dating back years that could sweep in the private communications of thousands of Canadians. The motion, which is obvious retribution for opposing Bill C-18, is a stunning attack on the privacy of Canadians and could have a chilling effect on public participation. However, you don’t have to take my word for it. The Canadian Chamber of Commerce has issued a dire warning about the motion in a public letter, suggesting it is undemocratic and urging MPs to reject it.
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The Documents Don’t Lie, Even If It Appears Pablo Rodriguez Does: ATIP Reveals His Office Was Informed Within Minutes of CMAC/Marouf Termination Notice 
The Need for Truthful Accountability: What ATIP Records Tell Us About Pablo Rodriguez and Canadian Heritage Funding an Anti-Semite 
Why Industry Minister Champagne Broke the Bill C-27 Hearings on Privacy and AI Regulation in Only 12 Minutes 
The Law Bytes Podcast, Episode 178: Bianca Wylie on Canada’s Failing AI Regulatory Process 
Why the Government is Quietly Undermining Competition Bureau Independence in Bill C-56
