Articles 2021

Aujourdʼhui
Aujourdʼhui

Tackling the Problem of AI “Revenge Porn” in Canada: existing law and upcoming legislative reform

  • 15 février 2024
  • Mavra Choudhry, Shalom Cumbo-Steinmetz (Torys LLP)

This article examines how existing law and upcoming legal reforms can be applied to address AI revenge porn. So far, the law has been slow to respond, though federal AI legislation on the horizon aims to regulate organizations that develop AI systems and make them available for use.

Droit de la protection de la vie privée, Student Forum

Top Five Privacy Developments in Canada: A Year in Review 2023

  • 16 janvier 2024
  • Roland Hung, Torkin Manes LLP

As another year has come to an end and we have already embarked on a new year, we take this opportunity to reflect on a number of significant changes to Canadian privacy law. From promising developments to proposed legislation to a groundbreaking investigation, there is much to review as we head into 2024. This article reviews the top five recent developments we encountered this year.

Droit de la protection de la vie privée, Student Forum

Office of the Privacy Commissioner Releases Nine Principles for Generative AI

  • 04 janvier 2024
  • Roland Hung, Torkin Manes LLP

On December 7, 2023, the Office of the Privacy Commissioner of Canada released an article with nine principles intended to guide developers, providers and organizations to properly navigate the development and use of generative artificial intelligence. Privacy concerns arise where the AI is trained on data sets that include personal information.

Droit de la protection de la vie privée, Student Forum

To Use or Not to Use: Navigating Privacy Risks Associated with Generative AI Tools

  • 13 octobre 2023
  • James G. Kosa, Vipal Jain and Yatin Sidhu, summer student, Weirfoulds LLP

Generative AI tools like ChatGPT, Cohere, and DALL-E2 are popular tools that allow organizations to generate images, text, sounds and creative content based on a prompt. While these tools can provide practical benefits such as improved efficiency and productivity, they raise privacy risks which are important to mitigate.

Droit de la protection de la vie privée, Student Forum

Case Update: Google LLC v Canada (Privacy Commissioner)

  • 13 octobre 2023
  • Govind K Chaturvedi

The Federal Court of Appeal recently upheld the ruling of the Federal Court wherein it was held that the Personal Information Protection and Electronic Documents Act (PIPEDA) should apply to Google’s search engine results, as they have a commercial interest in it by way of ads and also connecting two players.

Droit de la protection de la vie privée, Student Forum

How Canadian Courts Have Ruled on Liability in Wire Transfer Fraud

  • 26 septembre 2023
  • Mavra Choudhry, Molly Reynolds, Julie Himo, Nic Wall

Redirecting bank wire transfers has become an increasingly common method of fraud, frequently perpetuated through hacking or otherwise impersonating individuals representing a business. In the aftermath, there is often dispute about who bears responsibility for the financial loss: the company that mistakenly sent funds to the wrong bank, or the company whose email was hacked.

Droit de la protection de la vie privée, Student Forum

Regulating Generative Artificial Intelligence: Balancing Innovation and Risks*

  • 23 juin 2023
  • Roland Hung, Torkin Manes LLP

In a matter of months, generative AI has been adopted ravenously by the public, thanks to programs like ChatGPT. The increasing use (or proposed use) of generative AI by organizations has presented a unique challenge for regulators and governments across the globe. This article summarizes some of the key legislation or proposed legislation around the world that tries to strike the balance between fostering innovation while mitigating risks associated with the technology.

Droit de la protection de la vie privée, Student Forum

Corporate Responsibility in the Deployment of Facial Recognition Technology: Prioritizing Transparency and Accountability

  • 02 mai 2023
  • Moushmi Mehta & Yonida Koukio

Facial recognition technology has become increasingly popular among businesses for various applications, including security, marketing, and customer service. However, with the widespread adoption of this technology, there are growing concerns over its potential impact on privacy, human rights, and data protection.

Droit de la protection de la vie privée, Student Forum