On November 2, 2023, Matt Hatfield, Executive Director of OpenMedia, addressed the House Committee of Industry and Technology, offering insights into the pending Bill C-27, a comprehensive legislative proposal encompassing the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act. The testimony advocated for a nuanced approach, emphasizing the urgency of closing privacy regulation loopholes while urging caution and thorough consideration in crafting AI regulations.
Hatfield commenced his remarks by acknowledging the importance of privacy reform and urged the committee to diligently address any remaining gaps in Bill C-27. He highlighted the positive aspects of the bill, particularly the inclusion of robust penalties for the Office of the Privacy Commissioner (OPC) and the commitment to enshrining privacy as a fundamental human right. Hatfield emphasized the need for the regulatory framework to be robust and resistant to circumvention, emphasizing the importance of removing consent exceptions and affording Canadians the right to ongoing, informed, and revocable consent for all data usage.
In addition to advocating for strengthened consent provisions, Hatfield called for an expansion of C-27’s data rules to encompass all non-governmental entities. This included political parties, non-profit organizations like OpenMedia, and vendors providing data-related tools to governmental bodies. He highlighted that granting special exceptions to those involved in crafting privacy legislation was an anomaly in comparison to other advanced democracies and urged the committee to rectify this oversight.
Transitioning to the topic of AI regulation, Hatfield acknowledged the urgency in implementing rules governing AI technologies. OpenMedia had previously sought input from its community regarding generative AI, revealing a widespread belief that this technology represented a pivotal moment in society’s evolution, potentially surpassing the impact of smartphones and rivaling the significance of the Internet itself. Recognizing the magnitude of this shift, Hatfield urged prudence in crafting effective regulations.
While Minister Champagne underscored the risk of doing too little in AI regulation, Hatfield pointed to a concurrent message from Rishi Sunak, emphasizing the necessity of comprehensive understanding before effective regulation. Hatfield questioned the rush to incorporate the Artificial Intelligence and Data Act (AIDA) within Bill C-27, bypassing standard public consultation processes. He queried whether AIDA was genuinely designed to safeguard Canadians or if it might inadvertently foster a permissive environment for questionable AI development practices.
Concerned that Canada might position itself as an AI “dumping ground” with lower safety standards than its international peers, Hatfield urged the committee to reconsider the legislation’s trajectory. He suggested separating AIDA from C-27 to allow for a comprehensive public consultation process. Failing that, Hatfield proposed measures to prevent potential regulatory blind spots, including having the AI commissioner report directly to Parliament rather than the Ministry of Innovation, Science, and Economic Development (ISED), which also supports AI development. In conclusion, Hatfield reminded the committee of OpenMedia’s longstanding advocacy for comprehensive privacy protections and their recent call for careful consideration of AIDA. He implored the committee to heed these messages and expressed gratitude for the opportunity to address the issues at hand. The testimony echoed the sentiment that while expediency may be desirable, the paramount goal must be crafting effective, thoughtful regulations that safeguard the interests of Canadians.
