automated decision making Archives

Exploring the Challenges of AI Regulation

Regulating AI sounds good in theory, but has many challenges in practice. The key is to protect the public from material risks of harm, but without over regulating technological progress and innovation. One of my major criticisms of AIDA, Canada’s proposed artificial intelligence law, was that it would do just that. My morning inbox re-enforced this concern with two articles. The first, an article by Florian Mueller OpenAI’s Sora latest major AI technology to be withheld from EU, UK markets — at least for now and presumably due to overregulation.…

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Digital Charter Implementation Act and CPPA

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CPPA
Privacy

CPPA: problems and criticisms – automated decision making

Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

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Using privacy laws to regulate automated decision making

Making decisions about individuals using computers and computer algorithms is now commonplace. There are now also increasing proposals to use privacy laws to regulate automated decision making. One of the first explicit attempts to regulate automated decision-making using privacy laws is the European Union General Data Protection Regulation (GDPR). More recently (and locally), both the Consumer Privacy Protection Act (CPPA), Canada’s proposed controversial new privacy law, and Bill 64, Quebec’s proposed privacy amendments, would enact new transparency and explainability obligations for automated decision making.…

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