Bill C-36, “An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts” was introduced today to replace the privacy provisions of PIPEDA. The new Digital Safety Commission (from Bill C-34) would replace the Privacy Commisioner for enforcement. It includes provisions directed to consent (implied/explicit), de-identification/ anonymization, “automated decision systems”, scraping email addresses, and a requirement to delete personal information upon request. Continue reading New Privacy Bill
Tag Archives: artificial intelligence
Digital Safety
The government has introduced Bill C-34, the Safe Social Media Act, directed to “social media services” and artificial intelligence “chatbot services” and potential harms to children, as well as a “Digital Safety Commission”. Continue reading Digital Safety
AI Strategy
The government has released its National Artificial Intelligence Strategy: “Trust makes adoption possible. Opportunity and sovereignty ensure adoption creates benefits for Canadians now and in the future.” Six pillars are described as “protect Canadians from the risks and harms of AI”, “strengthen multinational partnerships with trusted allies”, “power shared prosperity through Canadian institutions and companies”, “empower Canadians to participate in and benefit from AI”, “support globally competitive Canadian champions”, “build sovereign Canadian AI foundations in compute, data, talent, and infrastructure”. However, there are no mentions of copyright, or other intellectual property, amendments.
TMOB
The Trademark Opposition Board has issued a practice notice requiring a “Declaration of use of AI” when “generative AI is used to create content in a document”. A couple of decisions have identified hallucinated decisions cited in submissions – see 2024 TMOB 150 and 2024 TMOB 211.
Federal Court
The Federal Court has issued an updated practice notice on “The Use of Artificial Intelligence in Court Proceedings” that addresses issues the scope of the declaration on AI generated material filed with the court. This updates the practice notice that was originally issued in December.
AI Inventors
The USPTO has issued guidance on “AI-assisted inventions”. The “Inventorship Guidance for AI-Assisted Inventions” states that, “a natural person must have significantly contributed to each claim in a patent application or patent”. Continue reading AI Inventors
ChatGPT
As an experiment, I have integrated my case summary feature with ChatGPT and am using the AI engine to prepare some of the case summaries. The summaries generated by ChatGPT are identified to contrast them from summaries manually prepared or prepared using non-AI tools.
My IPPractice software uses OpenAI’s API to automatically make queries with the ChatGPT model and obtain the case summaries. I welcome any feedback! Continue reading ChatGPT
AI
The Federal Court issued a Notice to the Parties and the Profession “The Use of Artificial Intelligence in Court Proceedings” indicating that it expects parties to declare if they have used generative AI to create documents filed with the court. A companion “Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence” introduces the court’s principles relating to AI including a statement that “The Court will not use AI, and more specifically automated decision-making tools, in making its judgments and orders, without first engaging in public consultation.”
AI
President Biden issued an executive order today on the regulation of AI systems including on safety test results and standards for red-team testing. In a section on intellectual property, the USPTO was directed to publish guidance on patent inventorship and the use of AI and the Copyright Office to provide recommendations on works produced using AI and the treatment of copyrighted works in AI training.
Privacy and AI
Bill C-27, “Digital Charter Implementation Act, 2022”, was introduced yesterday that would
- enact the “Consumer Privacy Protection Act” directed to the use of personal information, replacing portions of PIPEDA.
- establish a tribunal for hearing appeals of decision made by the Privacy Commissioner and impose penalties.
- enact the “Artificial Intelligence and Data Act” regulating the use of artificial intelligent systems, particularly those with a ‘high-impact’.