Advancing AI transparency

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In a nutshell

The CBA’s Privacy & Access Law and Intellectual Properly Law Sections are offering recommendations on how to advance AI transparency in Canada in response to a recent federal government consultation. The CBA supports AI transparency but argues for a proportionate, risk-based approach rather than labelling every use of AI. Disclosure should be triggered by whether AI involvement materially affects people's ability to trust what they see and not by the mere presence of AI.

Key Recommendations

Transparency about AI-generated content can support public trust, but the CBA cautions against treating all uses of AI in content creation in the same manner. The CBA has four key recommendations:

1. AI generated content: Disclosure of AI generated content should be required only where AI-generated or AI-altered content is presented in a context where it would reasonably be taken as authentic, and not where AI has been used to assist in producing content without changing what the content represents. The CBA recommends tiered labels over a single "contains AI" tag to do this.
2. AI Interaction: Canadians need clarity about the acceptable limits of AI use and when they are interacting with AI rather than a person, particularly in circumstances where individual rights may be affected and in medical, financial, public services, legal and employment contexts. The CBA also urges extra protection for minors and vulnerable users.
3. AI Incidents: The CBA recommends a coordinated, risk-based AI-incident reporting framework that should be coordinated with, rather than layered on top of, existing sectoral and privacy-breach regime. This will help mitigate overlapping or low-value reports that might obscure the incidents that genuinely warrant attention.
4. AI Agents: Unlike traditional generative AI, AI agents perform actions like sending messages, completing forms, or transferring funds. When AI agents require access to personal information that may exceed what an individual would voluntarily disclose in a single interaction, it adds significant risk. The CBA calls for clear responsibility allocation between deployers and platforms, defined record-retention periods, and business due-diligence duties.

Why this matters

Canadians need clarity on when and how they are interacting with AI generated content and AI agents. Canada should pursue a combined approach to improving AI transparency: risk-based notice when people interact with an AI agent; clearer rules on liability, record-keeping and data protection; interoperable international standards; guidance and procurement requirements; research funding; and stronger literacy initiatives that extend beyond just general AI awareness.

Read the full submission.