Balancing the Use of AI with Canadian Privacy Rights: An Analysis of Personal Information Collection through Emerging AI Tools

Authors

• Tamie Dolny, Toronto Hydro
• Methura Sinnadurai, Toronto Hydro

Keywords

Freedom of Information and Protection of Privacy Act, FIPPA, Municipal Freedom of Information and Protection of Privacy Act, MFIPPA, Privacy Complaint Report, automated online exam proctoring, AI technologies

Abstract

Biometric information collection through artificial intelligence (AI) is a new, dynamic and exciting technology that also raises significant privacy law considerations for in house and governmental lawyers in Canada. While organizations may be quick to collect personal information using forms of AI technology, these entities should be aware of the legal risk posed by technologies which may violate the Freedom of Information and Protection of Privacy Act (FIPPA)1 and/or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),2 especially if users are unaware of, or have not consented to the use of their personal information by the AI technology in question. This case comment analyses the Privacy Complaint Report3 released by Ontario’s Information and Privacy Commissioner (IPC) under PI21-00001 in February 2024 concerning a Commissioner-initiated complaint against McMaster University for the use of automated online exam proctoring software (the ‘‘McMaster Complaint”). The conclusion of this paper outlines a brief legal framework for the use of AI technologies by in house and/or government lawyers who are contemplating new AI tools for system improvement processes at their respective organizations.

This case comment is divided into three sections. First, it provides a summary of the McMaster Complaint. Second, it analyses the McMaster Complaint in the context of upcoming proposed AI and privacy legislation changes across Ontario and Canada broadly. Third, it shares best practices precedent for in house and government privacy counsel to contemplate as the roll-out of novel AI technology continues, especially in situations where personal data collection occurs with or without the consent of impacted users.

Recommended Citation

Tamie Dolny & Methura Sinnadurai, “Balancing the Use of AI with Canadian Privacy Rights: An Analysis of Personal Information Collection through Emerging AI Tools” (2025) 23:1 CJLT 107.