Policy Roundup – AIDA, New Federal Privacy Bill and Quebec’s Bill 64

Privacy and AI have been keeping us busy on the policy front at IAB Canada.  

ISED’s newly tabled Digital Charter Implementation Act, 2022 has a lot of new elements to unpack and we’re on the case. Aside from a revised private sector privacy regime, a big part of this law is the provision of new rules for the responsible development and use of artificial intelligence (AI) via the Artificial Intelligence and Data Act (AIDA). AIDA will introduce new rules to strengthen Canadians’ trust in the development and deployment of AI systems and will include enforceable legislative requirements that will surely impact the digital advertising industry across all of our IAB Canada stakeholder groups.  

A good place to start with any new law is to gain a solid understanding of the policy intent behind it. IAB Canada invited members to join a session with ISED’s Surdas Mohit, Director of Artificial Intelligence and Data Policy so he could provide clarity around some of the specific requirements and timelines of this first-of-its-kind legislation. 

Two key pieces coming out of the session were: 

  • Enforcement will be delayed and compliance will be somewhat “voluntary” at first.  
  • Even though AIDA is lacking clear regs, the plan is for it to come into effect simultaneously with any new privacy law.  

Surdas confirmed that consultations with industry will be necessary and IAB Canada will be invited to the table. Join our AI working group where we will begin to prepare industry response to legislation and potential guidance as well as explore and develop possible compliance tools, standards, best practices or programs to help keep our members on the right side of this new law. IAB Canada members can listen to a recording of the full session here. 

Keeping an eye on privacy (and proposed Bill C-27), IAB Canada joined the Business Privacy Group to formally meet with newly appointed Federal Privacy Commissioner Philippe Dufresne. As we shared our initial thoughts on the proposed PIPEDA overhaul, it was very clear that this is the start of a positive and collaborative relationship with the OPC. Next stop will be a sit down with ISED to formally give input into the components of the Bill as it nears its almost inevitable passing. It’s important to note that many of our questions on the previous Bill C-11 have been addressed and what we are looking at today is a positive revision. 

Not to be forgotten, the first enforceable components of Quebec’s Bill 64 are coming into effect as of September 22nd, 2022 (yes in 21 days) and they bring with them some heavy fines for non-compliance. All organizations doing business with Quebec residents must meet the new requirements around: 

  • The naming of Chief Privacy Officer/Person in Charge 
  • Mandatory breach Reporting 
  • New provisions relating to biometric data 

Please check out our Quebec privacy resource page for full details and keep a look out for our upcoming “Privacy Essentials for Digital Advertising Professionals” to be held this Fall. We also invite you to join our Privacy working group.