The prorogation of Parliament has left Canadian tech companies grappling with the future of key legislation on cybersecurity, privacy, and AI. In the meantime, they are adopting international standards, primarily those from Europe, as guidance.
Canadian tech companies are navigating the uncertainty of prorogation by adopting international standards, primarily those from Europe, as guidance. When Prime Minister Justin Trudeau prorogued Parliament until March 24, it automatically removed several key bills concerning cybersecurity, privacy, artificial intelligence, data, and online harms from the legislative agenda.
These bills, which tech companies had been closely monitoring, now face the prospect of being reintroduced and undergoing the entire legislative process anew, unless reinstated through unanimous consent or a motion.This situation has left many companies in a state of limbo, uncertain about the future of these crucial regulations. In the meantime, they are choosing to comply with the most advanced and stringent international regulations, often those originating from the European Union. Companies like Cyder and Private AI point to the EU's General Data Protection Regulation (GDPR) as a benchmark, recognizing its comprehensive approach to data protection and the substantial penalties associated with violations.While some, like Gowling WLG partner Antoine Guilmain, argue that existing Canadian legislation, such as PIPEDA, provides a foundation, others, like Private AI co-founder Patricia Thaine, express concern about the outdated nature of PIPEDA and the limited incentives for companies to fully comply with data protection regulations. Thaine also emphasizes the importance of clear AI legislation to guide responsible development and deployment of artificial intelligence. Provinces are also stepping in to fill some of the gaps, with Quebec's Law 25 requiring organizations to appoint privacy officers, report breaches, and enhance transparency and consent in data collection. This law serves as a valuable reference for companies that were closely following Bill C-27, as well as Bill C-26 and Bill C-72, which addressed cybersecurity and health data interoperability respectively.Robert Fraser, CEO of Vancouver-based Molecular You, highlights the need for interoperability in Canada's healthcare system, observing that progress in this area lags behind other countries like the U.K. and U.S. The prorogation creates further uncertainty around the implementation of these crucial bills, leaving Canadian tech companies to navigate a complex landscape of evolving regulations
TECHNOLOGY CANADA LEGISLATION PRIVACY CYBERSECURITY AI GDPR PROROGATION
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