Legality of search engines and AI systems under PIPEDA and CPPA: Google v Privacy Commissioner

The Federal Court of Appeal just released an important opinion in Google LLC v. Canada (Privacy Commissioner) 2023 FCA 200, holding that Google cannot rely on the journalistic exception in PIPEDA to operate legally in Canada. The decision is a frustrating one because it fails to resolve whether PIPEDA’s restrictions on Google and other search engines are consistent with the Charter and if not, how search engines and artificial intelligence systems can operate legally in Canada. These important questions are unlikely to be resolved soon under the OPC’s ill conceived reference process.…