Introduction
On December 7, 2023, the Office of the Privacy Commissioner of
Canada ("OPC") released an article with nine principles intended to guide
developers, providers and organizations to properly navigate the
development and use of generative artificial intelligence
("AI"). Generative AI, commonly known to
the public through systems such as ChatGPT, is a rapidly evolving
technology using machine learning to create content (such as text,
computer code, images, video, or audio). Privacy concerns arises
where the AI is trained on data sets that include personal
information.
Currently, Canada lacks any AI-specific legislation. Under Bill
C-27, which introduces sweeping privacy reforms, the proposed
Artificial Intelligence and Data Act
("AIDA") hopes to fill that gap. Until
its enactment, generative AI systems remain unregulated. While
systems such as ChatGPT may seem innovative and useful, critics
have decried it for its "web scraping" function,