Canadian Privacy Regulators Weigh In On How To Comply With Privacy Laws When Using Generative AI Systems

On December 7, the federal Office of the Privacy Commissioner of Canada (OPC), jointly with all Canadian provincial and territorial privacy regulators, released new guidance entitled "Principles for responsible, trustworthy and privacy-protective generative AI technologies" (Principles). This new guidance interprets existing Canadian privacy legislation and principles in the context of generative AI, and it applies to businesses that develop, provide, and use generative AI systems.

While the Principles do not bind the regulators, its content is likely to influence future regulatory decisions, investigations, and policy statements.

What you need to know

• While there are some distinct requirements for developers/vendors of generative AI systems compared to organizations that make use of these systems, both groups must generally comply with privacy law principles with respect to data governance, consent, and transparency.