New Canadian Guidance On The Use Of Generative Artificial Intelligence

On December 7, 2023, the Office of the Privacy Commissioner of Canada released new guidance on the use of generative artificial intelligence (AI) technologies.

While these principles are not exhaustive in covering all aspects of compliance under privacy laws, they offer valuable insight for organizations involved in the development, provision or use of generative AI technology. Below are the main privacy principles outlined in the guidance document.

Generative AI privacy principles

• Legal authority and consent: Organizations must ensure they have legal authority for the collection and use of personal information. Consent should be both valid and meaningful.
• Appropriate purposes: Ensure that any collection, use or disclosure of personal information associated with a generative AI system is for appropriate purposes. In many Canadian jurisdictions, this means for purposes that a reasonable person would consider appropriate in the circumstances.