In late June 2022, ISED introduced the Digital Charter Implementation Act, 2022 which includes Bill C-27 – a new Bill with several updates to our current federal private sector privacy law – PIPEDA. Also included in C-27, is the provision of new rules for the responsible development and use of artificial intelligence (AI) via the Artificial Intelligence and Data Act (AIDA). To date, privacy law has been the vehicle of choice to regulate AI systems and, if adopted, the AIDA would become Canada’s first law specifically dedicated to regulating AI.
Currently, the industry is exploring the full implications of AIDA and its enforceable legislative requirements. The Bill’s design to strengthen Canadians’ trust in the development and deployment of AI systems will absolutely impact the digital advertising sector.
At first glance, it is evident that government wants to ensure that any development and adoption of AI systems are grounded in human rights with a focus on inclusion, diversity and economic growth while preventing serious harm to Canadians and staying aligned with emerging standards in other markets.
Along with stiff fines being administered by a dedicated Artificial Intelligence and Data Commissioner, a key component of the Bill outlines that companies must assess whether their AI systems are “high impact” (to be fully defined in the regulations) and if so, they must meet a set of obligations around:
- Risk assessment and mitigation
- System monitoring
- Transparency and record keeping
- Notice
- And the use of anonymized data
While C-27 awaits its second reading (on its way to passing), industry is working hard to fully grasp the specifics of these new obligations. While the government works to define the regulations, they will be looking to industry consultations for feedback. IAB Canada will be sitting at the table to ensure that our industry is well represented and will be developing our responses on our members’ behalf with the help of our AI working group.
As a kick-off, we are pleased to be hosting an important member-only discussion with Surdas Mohit, Director of Artificial Intelligence and Data Policy, Marketplace Framework Policy Branch at Innovation, Science, and Economic Development (ISED) Canada on Thursday, August 18, 2022, at 1:00pm EDT. This discussion will focus on the policy intent behind AIDA as well as specific requirements and possible timelines for Canadian businesses to come into compliance. If you are an IAB Canada member and would like to attend, please reach out to policy@iabcanada.com.