Bill C-27: Laws to regulate artificial intelligence systems in Canada
Privacy Protection
- Replaces parts of the Personal Information Protection and Electronic Documents Act (PIPEDA) with the Consumer Privacy Protection Act (CPPA), strengthening existing rules and imposing new ones on private sector organizations for personal information protection.
- Creates a new Personal Information and Data Protection Tribunal to hear appeals of orders issued by the Privacy Commissioner and apply new administrative monetary penalties.
- Maintains and enhances the role of the Privacy Commissioner in overseeing organizations’ compliance with privacy measures.
Charter Considerations
- Bill C-27 potentially affects several Charter rights, including:
- Search and Seizure (Section 8): Powers granted to the Privacy Commissioner and government institutions to access personal information must be clearly defined and reasonable.
- Freedom of Expression (Section 2(b)): Restrictions on collecting and using personal information could impact organizations’ commercial expression, but the bill balances individual privacy with legitimate business needs.
- Open Courts Principle (Section 2(b)): While proceedings may be closed in certain circumstances to protect confidentiality, the presumption of openness remains.
- Offence Rights (Section 11): Administrative penalties and new offences are designed to promote compliance and not constitute criminal punishment.
- Right to Liberty (Section 7): Offences related to using illegally obtained personal information and making harmful AI systems available are narrowly tailored to protect against serious harms.
Overall
- Bill C-27 aims to modernize and strengthen Canada’s privacy framework and regulate the development and use of artificial intelligence to protect individuals and their interests.
- The bill considers potential impacts on Charter rights and aims to balance competing interests while upholding fundamental rights.