TLPC and CIPPIC Samuelson-Glushko Clinics File OPC Comments for Privacy Researchers on the Regulation of Artificial Intelligence

(by Kelsey Fayer, Colorado Law 2L)

Today, the TLPC, in partnership with our sister Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) at the University of Ottawa, filed comments drafted by Prof. Margot Kaminski (Colorado Law) and Prof. Vivek Krishnamurthy (University of Ottowa) on behalf of a coalition of privacy researchers before the
Office of the Privacy Commissioner of Canada (OPC).

The comments, on OPC Proposals 4 & 5, recommended that an updated version of the Personal Information Protection and Electronic Documents Act (PIPEDA) include at least:

1. An individual right to be notified that a decision has been made by an automated system;
2. A right to be notified on a systemic level about the logic of an automated decision-making system;
3. A right to challenge/contest an algorithmic decision with significant effects; and
4. An ex post right to explanation of an individual decision that would be simple enough but deep enough to enable an individual to contest such a decision.