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Industry committee  Thank you for that question. I think it's been mentioned already today, but I will repeat it. Merely looking at high-impact systems, however they are defined—and right now that's unclear in the current amendments—is not enough to fully mitigate the risks of AI, particularly the collective risks to communities and groups.

October 26th, 2023Committee meeting

Dr. Brenda McPhail

Industry committee  Thank you very much for that question. There are a range of ways in which the AIDA could be improved to facilitate truly responsible AI governance. The idea of a sandbox is an interesting model. One of the big problems with the ways artificial intelligence tools are currently developed is that they are created and tossed out into the wild, and then we see what happens.

October 26th, 2023Committee meeting

Dr. Brenda McPhail

Industry committee  The simple answer is this: It's not simply proposed section 18; there are a series of interlocking flaws with the bill. One of the other witnesses mentioned that you have to look at this bill in a totality. The clauses work together, so there are, as you have stated, many places where amendments could be used to strengthen the bill.

October 26th, 2023Committee meeting

Dr. Brenda McPhail

Industry committee  Roughly speaking, de-identified information should make it highly unlikely that an individual can be identified. Anonymization should make it impossible. However, there are really important technical conversations happening about whether it's truly possible in our big data age, where we have data brokers who advertise that they have thousands of data points on up to two million or two billion people, that some recombination of data wouldn't facilitate re-identification.

October 26th, 2023Committee meeting

Dr. Brenda McPhail

Industry committee  I think it's an interesting question about the way the “business activities” exemption and the “legitimate interest” exemption can interact, along with the question of implied versus explicit consent. It's very difficult to answer this question in a few seconds. Broadly speaking, if we are to allow organizations to decide whether or not it's in their legitimate interest, then at a minimum we need to enhance the accountability and transparency measures, so that it doesn't happen without the knowledge or consent of individuals, and there is a requirement for organizations to justify to the public why they believe this information is in their legitimate interest to collect, and how they're protecting it.

October 26th, 2023Committee meeting

Dr. Brenda McPhail

Industry committee  I think there will always be differences of opinions as to whether definitions are sufficiently stringent or overly weak. What would address our concerns? There are three categories of concerns that we have around de-identified and anonymized information. The first is that the definition has been weakened between Bill C-11 and the current iteration, Bill C-27.

October 26th, 2023Committee meeting

Dr. Brenda McPhail

Industry committee  Thank you, Mr. Chair and members of the committee, for inviting me here today to speak to the submission authored by Jane Bailey, professor at the faculty of law of the University of Ottawa; Jacquelyn Burkell, professor at the faculty of information and media studies at Western University; and myself, currently the acting executive director of the public policy and digital society program at McMaster University.

October 26th, 2023Committee meeting

Dr. Brenda McPhail