Data rights will not save democracy
Jamie Duncan is a PhD student at the Centre for Criminology and Sociolegal Studies at the University of Toronto.
The CPPA would replace Canada’s decades-old Personal Information Protection and Electronic Documents Act , which was written in a world without smartphones, social media or facial recognition. Like the European Union’s General Data Protection Regulation, the new law would grant Canadian residents the right to access, erase, correct and transfer data about them held by private companies.
Despite these collective effects, Bill C-27 focuses on individual harms and remedies. The CPPA spotlights de-identification as a means of protecting individuals from harm. The AIDA explicitly seeks to prevent “serious harm to individuals” from the use of artificial intelligence. This fails to recognize that we don’t need to be identified personally to be harmed by data-driven technologies. Harms can be both individual and collective in nature.
Elsewhere, advocates envision the creation of “data co-operatives” and “data unions” designed to improve people’s capacity to weigh in on how data is collected and analyzed. In non-digital contexts, co-operatives and unions are democratic organizations that bundle resources and advocate for the interests of their members. The Driver’s Seat Cooperative collects and aggregates data from drivers on platforms such as Uber to help maximize their earnings.
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