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AIDA needs to become more agile to keep up with AI technology: McCarthy Tétrault’s Charles Morgan speaks to the National Post

The Artificial Intelligence and Data Act (AIDA) will need to become more agile in order to keep pace with the fast-evolving artificial intelligence (AI) landscape, McCarthy Tétrault partner Charles Morgan tells author Anja Karadeglija of the National Post.

Charles, the co-leader of McCarthy Tétrault’s Cyber/Data Group, says AIDA would introduce new obligations for “high impact” AI systems.

“The law is designed to make sure that companies are ultimately accountable for the high-impact AI systems that they’re going to develop,” Charles says.

And, as the National Post article explains, this includes obligations around transparency and explainability, as well as record-keeping and ensuring processes are in place to “mitigate the risk of data bias.”

Charles adds: “[The idea is that] individuals are not completely surprised that they’re interacting with a machine instead of a human, and that they have some understanding of how decisions about them that may have been made by these AI systems may have been reached.”

AIDA is part of Bill C-27, The Digital Charter Implementation Act. Charles predicts “we can anticipate quite a lot of activity” on the bill in the fall.

First introduced in June 2022, AIDA was tabled before the emergence of OpenAI’s ChatGPT and other similar AI systems that have emerged in its wake.

“I think you have to,” says Charles in regards to if the legislation needs to account for newer, emerging technologies that are bound to spring up. “You…don’t want to draft a law in a manner that can’t even contemplate or address [the way in which the] world has changed in the last few months [as a result of the arrival of generative AI].”

Read the full article, “Experts are begging governments to regulate AI. Where does Canada stand?” by author Anja Karadeglija in the National Post.