Week of 2024-11-25

Avoiding the False Tradeoff: How Canada Can Use Transparency and Dialogue to Protect National Security and Freedom

Mary Francoli | Medium

Canada's National Security Transparency Commitment seeks to integrate democratic values into its national security framework by addressing public concerns about transparency and accountability. This initiative, launched after 2016 consultations, revealed widespread mistrust in government security agencies and fears about rights violations. The National Security Transparency Advisory Group (NS-TAG), established in 2019, has recommended improving public communication, engaging diverse communities, and enhancing oversight mechanisms. These efforts aim to bridge the gap between government actions and public perceptions, fostering trust in national security practices.

DND tried to take away veteran's right to request government information: documents

David Pugliese | Ottawa Citizen

The Department of National Defence (DND) attempted to exempt itself from the Access to Information Act, which would have restricted veterans' ability to access their personal records. This move faced significant opposition from veterans' groups and advocates, who argued it would hinder transparency and accountability. The proposal was ultimately withdrawn, ensuring that veterans retain their right to request and obtain information from government records. This incident underscores the ongoing tension between governmental agencies and veterans seeking access to their own information.

Holocaust survivor 'not surprised' Canada won't reveal names of 900 alleged Nazis who arrived after war

Dave Gordon | Ottawa Citizen

In the aftermath of World War II, Canada faced significant challenges in addressing the presence of alleged Nazi war criminals within its borders. The Deschênes Commission, established in 1985, investigated these allegations and concluded that charges against members of the 14th Waffen Grenadier Division of the SS (1st Galician) were unsubstantiated. However, critics argue that the commission's findings were limited due to a lack of access to Soviet and Eastern Bloc records, and that Canada did not adequately prosecute individuals involved in Nazi war crimes. This issue resurfaced in 2023 when Yaroslav Hunka, a former member of the same division, was honored in the Canadian Parliament, leading to public outcry and renewed scrutiny of Canada's historical handling of such cases.

Caroline Maynard holds on to information commissioner post

Jacqueline So | Canadian Lawyer Magazine

Caroline Maynard has been reappointed as Canada's Information Commissioner for a second term starting March 1, 2025. Initially appointed in 2018, Maynard oversees federal access to information practices, ensuring compliance with the Access to Information Act. Her extensive legal background includes roles such as interim chairperson and CEO of the Military Grievances External Review Committee. Prime Minister Justin Trudeau expressed confidence in her continued service to Canadians through this renewed mandate. 

Australia’s age assurance plan prompts privacy, online harms debate

Joel R. McConvey | Biometric Update

Australia’s proposed legislation to ban children under 16 from using social media platforms aims to protect their physical and mental health. The law would require platforms to implement age-verification measures, with significant fines for non-compliance, but it has sparked debates over privacy and effectiveness. Critics argue that the bill could isolate vulnerable youth and lacks detailed planning, while tech companies claim it is impractical and are calling for delays. Supporters see it as a necessary step to address online harms, though questions remain about its potential impact on privacy and parental authority. The legislation’s outcome could influence global approaches to balancing child safety with digital rights.

CRTC to investigate AI’s impact on Canadian audio-visual content

Martin Patriquin | The Logic

The Canadian Radio-television and Telecommunications Commission (CRTC) has initiated a public consultation to redefine Canadian content (CanCon) for television and online streaming services. This effort includes examining the impact of artificial intelligence (AI) on Canadian programming and the broader industry. The CRTC is seeking input on various topics, such as the role of AI in content creation and its implications for Canadian cultural expression. The consultation is open to the public, with comments accepted until January 20, 2025. This initiative is part of the CRTC's broader strategy to modernize Canada's broadcasting framework in response to technological advancements and evolving media consumption habits.

AI could cause ‘social ruptures’ between people who disagree on its sentience

Robert Booth | The Guardian

The rapid advancement of artificial intelligence (AI) is poised to create significant societal divisions, particularly between individuals who believe AI systems possess consciousness and those who do not. Jonathan Birch, a philosophy professor at the London School of Economics, warns that disagreements over AI sentience could lead to "major societal splits," as differing views on AI's capacity for feelings like pain and joy emerge. This debate mirrors themes explored in science fiction, such as Steven Spielberg's "AI" and Spike Jonze's "Her," where humans grapple with the emotional aspects of AI. As AI technology continues to evolve, addressing these ethical and philosophical questions becomes increasingly critical to prevent potential social ruptures.

The AI threats that keep competition commissioner Matthew Boswell up at night

David Reevely | The Logic

In a recent interview, Canada's Competition Commissioner, Matthew Boswell, expressed concerns about the potential anti-competitive threats posed by artificial intelligence (AI). He highlighted the risk of dominant tech companies using AI to entrench their market positions, potentially stifling innovation and harming consumers. Boswell emphasized the need for vigilant regulatory oversight to ensure that AI development and deployment do not undermine competitive markets. He also called for collaboration between regulators, policymakers, and industry stakeholders to address these challenges effectively.

OECD AI group releases assessment report

OECD

The OECD's report, "Assessing Potential Future Artificial Intelligence Risks, Benefits and Policy Imperatives," provides a comprehensive analysis of AI's prospective impacts. It identifies ten priority benefits, including accelerated scientific progress and enhanced productivity, alongside ten significant risks, such as sophisticated cyberattacks and the spread of disinformation. The report emphasizes the necessity for proactive policy measures, recommending clear liability rules, the establishment of AI "red lines," and investments in AI safety. This work aims to equip governments with the insights needed to harness AI's advantages while mitigating its potential threats. 

OECD AI group releases assessment report

Robert Booth | The Guardian

The UK Home Office has implemented an AI-driven system, the Identify and Prioritise Immigration Cases (IPIC), to assist in immigration enforcement by recommending actions against migrants, including children. While the government asserts that this "rules-based" tool enhances efficiency and maintains human oversight for each decision, critics express concerns that it may lead to automated, life-altering decisions without adequate human intervention. Advocates warn that such systems could perpetuate existing biases and injustices, emphasizing the need for transparency and accountability in their deployment.

Denmark’s renowned safety net turns into a political battleground as AI and algorithms target welfare recipients

AFP | Fortune

Denmark's welfare system, traditionally lauded for its comprehensive support, is now at the center of a political debate due to the implementation of AI algorithms designed to detect social benefits fraud. These algorithms analyze extensive personal data to flag individuals for investigation, a practice that has raised concerns about mass surveillance and potential discrimination against marginalized groups. Critics argue that such systems may disproportionately target people with disabilities, low-income individuals, migrants, and racial minorities, thereby undermining trust in public institutions. The controversy highlights the delicate balance between leveraging technology for efficiency and safeguarding individual rights within social support frameworks.

Commissioner submits recommendations on proposed amendments to the Canada Elections Act

Office of the Privacy Commissioner of Canada

On November 18, 2024, Privacy Commissioner of Canada Philippe Dufresne submitted recommendations to the House of Commons Standing Committee on Procedure and House Affairs regarding Bill C-65, the Electoral Participation Act. While acknowledging the bill's efforts to enhance privacy protections—such as requiring the Chief Electoral Officer to assess political parties' privacy policies during registration—Commissioner Dufresne identified areas for improvement. He recommended that the bill mandate political parties to obtain individual consent for data collection, limit the use and disclosure of personal information, and establish mechanisms for individuals to access and correct their data. Additionally, he advocated for provisions requiring parties to report privacy breaches to an independent regulator, such as the Privacy Commissioner or Elections Canada, to bolster oversight and accountability. 

Formal complaint alleges Advance Regina broke privacy rules during municipal election

Larissa Kurz | Regina Leader Post

A formal complaint has been filed against Advance Regina, alleging that the organization violated privacy regulations during a municipal election. The complaint, submitted by the group Rally Around Homelessness (RAH), claims that Advance Regina collected and utilized personal data without proper consent, potentially breaching privacy laws. RAH has alerted Elections Saskatchewan, Elections Canada, and Elections Regina about these concerns. The allegations have prompted discussions about the ethical use of personal information in political campaigns and the necessity for stringent privacy safeguards.


Opposition questions handling of P.E.I. health documents blown away in wind

Tony Davis | CBC News

In November 2024, a Health P.E.I. employee accidentally lost an undisclosed number of medical documents due to strong winds while transferring them outside a Charlottetown office. Many of the documents were recovered, some even retrieved from a nearby pond, but the exact number of missing records remains unspecified. Health P.E.I. CEO Melanie Fraser noted that the records pertained to deceased individuals and emphasized that staff took immediate action to retrieve the documents. The incident raised concerns about the management of sensitive health records, prompting calls for improved handling procedures to prevent future occurrences.

Understanding Canadians' experiences with digital health

Canada Health Infoway

The 2023 Canadian Digital Health Survey, conducted by Canada Health Infoway, provides insights into Canadians' interactions with digital health services. Key findings include:

  • Digital Health Uptake: A significant portion of Canadians have shown interest in accessing personal health information electronically, booking appointments online, and engaging in virtual visits with healthcare providers.

  • Access to Personal Health Information (PHI): Many Canadians are accessing their electronic PHI through various platforms, including provincial portals and other online services, with a focus on lab test results, medication histories, and immunization records.

  • Virtual Care Services: The adoption of virtual care, such as videoconferencing, secure messaging, and phone consultations, has increased, with many Canadians reporting positive experiences.

  • Innovative Technologies and Artificial Intelligence (AI): Canadians have expressed varying levels of comfort with integrating AI and innovative technologies in healthcare, highlighting the need for ongoing dialogue and education.

The survey also delves into digital health literacy, access to electronic prescriptions, and experiences with connected health and coordination of care. These findings aim to inform strategies for advancing digital health initiatives across Canada.

Innovating care: Exploring the role of AI in Ontario’s health sector

Jo-Ann Osei Twum | Michael Colacci | Felix Menze | Schwartz Reisman Institute for Technology and Society

Artificial intelligence (AI) is increasingly being integrated into Ontario's healthcare system, offering potential benefits in prediction, diagnosis, and treatment. However, experts emphasize the importance of patient involvement and interdisciplinary collaboration to ensure equitable and effective AI deployment. Concerns have been raised about the potential for AI to overshadow clinical judgment and patient experiences, leading to epistemic injustice. To address these issues, healthcare professionals are encouraged to practice epistemic humility, acknowledging the limitations of AI and valuing diverse forms of knowledge. This approach aims to balance technological advancements with patient-centered care, ensuring that AI enhances rather than diminishes the quality of healthcare services.

PSA: You shouldn’t upload your medical images to AI chatbots

Zack Whittaker | Tech Crunch

Uploading medical images to AI chatbots poses significant privacy risks. Platforms like OpenAI's ChatGPT and Google's Gemini are not designed to handle sensitive health data securely. Sharing medical scans, such as X-rays or MRIs, with these chatbots can lead to unintended exposure of personal health information, as these platforms may store and use the data for training purposes without adequate safeguards. Security experts advise against using AI chatbots for interpreting medical images and recommend consulting healthcare professionals or using dedicated medical applications that comply with health data privacy regulations.

RCMP to begin rollout of body cameras nationally this month

Sean Previl | Global News

The Royal Canadian Mounted Police (RCMP) has initiated a nationwide deployment of body-worn cameras for its frontline officers, aiming to enhance transparency and accountability. The rollout began on November 18, 2024, with approximately 10% of detachments receiving the devices initially. The plan involves equipping about 1,000 officers per month, targeting 50% deployment by March or April 2025, and reaching 90% by November 2025. Ultimately, between 10,000 to 15,000 devices are expected to be in use across the country. This initiative follows years of policy development and field testing in various provinces, reflecting the RCMP's commitment to building trust with the communities they serve.

Sex offenders will not be allowed to change their names in Ontario, solicitor general says

Liam Casey | CBC News

Ontario is set to implement legislation prohibiting registered sex offenders from legally changing their names. Solicitor General Michael Kerzner announced that this measure aims to prevent offenders from evading detection and accountability. The proposed changes to Christopher's Law will also require offenders to disclose their email and social media accounts, report any changes to usernames, and adhere to stricter travel reporting requirements, including new passports or driver's licenses. These initiatives are designed to enhance public safety and assist law enforcement in monitoring offenders more effectively.

Brain implants from Elon Musk’s Neuralink to be tested at Toronto hospital

David Reeveely | The Logic

Elon Musk's Neuralink has received approval from Health Canada to conduct its first clinical trial in the country, focusing on a brain implant designed to assist individuals with quadriplegia. The University Health Network's Toronto Western Hospital has been selected as the exclusive Canadian site for this study, known as the CAN-PRIME trial. The trial aims to evaluate the safety and initial functionality of Neuralink's implant, which enables users to control external devices through thought. This development marks a significant step in advancing brain-computer interface technology within Canada.

The reasons for shutting down TikTok in Canada appear tenuous at best

Adrian Wyld | The Conversation

In November 2024, the Canadian government ordered TikTok to cease its operations within the country, citing unspecified national security concerns. However, the app remains accessible to Canadian users. Critics argue that this decision lacks transparency and may be counterproductive, as it could hinder the enforcement of Canadian laws against TikTok. They suggest that allowing the company to operate domestically, while implementing robust regulations to address potential misuse, would be a more effective approach. This situation highlights the ongoing debate over balancing national security with transparency and regulatory oversight.

Improving Canada’s Digital Divide

Tiffany Kwok | Viivi Korpela | The DAIS

Canada's digital connectivity efforts have been criticized for not meeting the evolving needs of its citizens. While the federal government reports that 93% of Canadians have access to broadband speeds of 50 Mbps download and 10 Mbps upload, this metric is increasingly seen as outdated. Experts argue that the focus should shift towards enhancing media literacy, providing comprehensive digital skills training, and ensuring equitable access to digital public services and infrastructure. This approach is essential for Canada to reclaim its position as a leading digital nation and to bridge the digital divide that affects many communities.

Canadian Privacy Regulators Issue Resolution about Deceptive Design Patterns

Kristen Pennington | McMillian

On November 13, 2024, Canadian privacy regulators issued a resolution addressing deceptive design patterns that manipulate users into making unfavorable privacy decisions. These patterns include tactics like obstructing access to privacy settings, using inaccessible language, and forcing unnecessary data disclosures. A sweep of 145 platforms revealed that 99% exhibited at least one such tactic. The resolution calls on organizations to adopt privacy-by-design principles, ensure default privacy-protective settings, and use clear, accessible language. This initiative aims to enhance user trust and align practices with Canadian privacy laws.

Proposed Changes to Alberta Public-Sector Privacy and Access to Information Laws

Stephen Burns | Sebastien Gittens | David Wainer | Jessica May | Bennett Jones

The Alberta government has introduced Bills 33 and 34 to replace the FOIP Act with the Protection of Privacy Act and the Access to Information Act, aiming to modernize public sector privacy and access laws. Key updates include mandatory privacy-by-design principles, stricter rules for automated decision-making disclosures, and enhanced data protection measures like privacy management programs and impact assessments. The Access to Information Act proposes adjustments such as longer response times (from 30 days to 30 business days), expanded exemptions, and limits on unreasonable or frivolous requests. These changes reflect efforts to align with technological advancements and strengthen personal information safeguards.

Tech giants’ intimidation and subversion tactics to evade regulation in Canada and globally

House of Commons Standing Committee on Canadian Heritage 

The Standing Committee on Canadian Heritage's Report No. 13, titled "Tech Giants’ Intimidation and Subversion Tactics to Evade Regulation in Canada and Globally," examines how major digital platforms resist regulatory efforts. The report highlights the transformation of the news media industry and the impact of Bill C-18, the Online News Act, on digital platforms. It includes recommendations such as implementing mechanisms to detect and report disinformation, developing public awareness campaigns on the dangers of disinformation, and requiring digital platforms to collaborate with independent academic research. The report also emphasizes the importance of ensuring that content moderation practices do not result in discriminatory treatment and suggests changes to the Income Tax Act to support Canadian media.

ArriveCan contractor who worked at DND posed ‘high risk’ of sharing sensitive information, documents reveal

Bill Curry | Tom Cardoso | The Globe and Mail

The Canada Border Services Agency (CBSA) is conducting an internal review into the procurement processes associated with the ArriveCAN app, following allegations of misconduct. The review focuses on the involvement of GCStrategies, a consulting firm that played a significant role in the app's development. Concerns have been raised about potential conflicts of interest and the circumvention of standard procurement protocols. The CBSA aims to ensure transparency and accountability in its contracting practices, especially given the substantial public funds allocated to the ArriveCAN project. The findings of this review are expected to inform future procurement policies and uphold public trust in government operations.

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