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Privacy commissioners ‘planting a stake in the ground’ for generative AI regulation: Charles Morgan speaks to Canadian Lawyer

Privacy commissioners in Canada are “planting a stake in the ground” with respect to regulating generative AI, McCarthy Tétrault partner Charles Morgan tells Canadian Lawyer.

Charles, the co-leader of McCarthy Tétrault’s National Cyber/Data Group, discusses the implications of the “Principles for responsible, trustworthy and privacy-protective generative AI technologies,” a guidance document released by the Office of the Privacy Commissioner of Canada and its provincial and territorial counterparts that addresses privacy-related generative AI risks.

He says this implies that the privacy commissioners feel that generative AI regulation falls under their purview and responsibility.

“…The privacy commissioners seem to be saying, ‘Wait a minute. We have a big role to play here, and we’re going to assert our authority to regulate this space.’ That is significant,” Charles tells Canadian Lawyer.

He goes on to explain why he feels that the Privacy Commissioner’s document, which takes a “broad view of the AI regulatory landscape,” could lead to questions moving forward.

He also offers details on the Canadian privacy regulatory regime including Consumer Privacy Protection Act developments as well as the Artificial Intelligence and Data Act, which would create a new regulatory authority for AI systems in Canada and potentially overlap or conflict with the existing privacy laws.

For more information, read author Carolyn Gruske’s article, “Privacy Commissioner offers up principles for using and developing generative AI systems” in Canadian Lawyer.

Charles regularly provides insights on the nature of the evolving AI regulatory environment. Read two previous articles here and here.

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