How are laws and regulators meeting the AI challenge?

Jordan Greenwood, of Jordan Greenwood Legal Services, and Avishai Ostrin, of Asserson, discuss AI in the light of Canada’s new proposal for a modernised data protection law.

On 17 November, the Canadian government tabled a new proposed data protection law, Bill C-11, which would among other things, enact the new Consumer Privacy Protection Act (CPPA). The CPPA would replace the data protection component(s) of the existing data protection law – the Personal Information Protection and Electronic Documents Act. The proposed legislation incorporates protections for personal information similar in nature to the GDPR - specifically the acknowledgement that artificial intelligence and the concept of automated decision-making and consumer profiling has to have appropriate boundaries placed around it. In this article we will compare and contrast Bill C-11’s and the GDPR’s provisions as they relate to automated decision-making, and explore some of the challenges companies face complying with the regulatory requirement when attempting to develop and deploy these complex systems.

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