CMA Responds to OPC’s Proposals for Ensuring the Appropriate Regulation of Artificial Intelligence

The CMA was pleased to submit comments in response to the OPC’s proposals for ensuring the appropriate regulation of artificial intelligence (AI). Through this consultation, Canada’s privacy regulator requested feedback on its proposals to federal policymakers for how Canada’s privacy law PIPEDA should address AI.

It’s important to preserve PIPEDA’s strengths as principles-based and technology neutral. A policy framework that is overly prescriptive would impede important new technologies and services, and push AI activity to other jurisdictions. Bridging the gap between principles and practice should occur outside of the Act itself and in a staged approach, with significant input from those with direct knowledge of AI’s operational realities. Industry should be encouraged to develop standards and codes, with those approaches informing future AI-specific guidance and regulations.

The appropriate regulatory treatment of AI warrants further time and thought beyond this consultation period and privacy protection focus. While privacy protection is an important component of such an analysis, many other perspectives need to be taken into account, including issues relating to intellectual property law, competition law and policy, economic development initiatives, human rights and consumer protection laws, employment laws, and laws and policies respecting particular industry sectors that may make use of AI technologies. The CMA looks forward to continued discussions with the Government of Canada in this area.

For questions or comments regarding this submission, please contact Fiona Wilson, Director of Government Relations.