Those questions would be better answered by my colleague Michael Harvey, who's the Privacy Commissioner for B.C. However, what our report says in terms of their findings is that because of the specifics of their law and the specific definition of “implicit consent” under their law, they were unable to find that the type of AI training being done by ChatGPT, namely the scraping of information on the web, could be justified under that definition. From my perspective under federal law, I found that federal law was more flexible, and it allowed me to interpret the expectations of Canadians and the safeguards being put in place in a way that would allow both the protection of privacy and also the development of that training of AI, so from a federal standpoint, it is now compliant with federal law.
