The Law Commission of Ontario (LSO) and the Ontario Human Rights Commission (OHRC) released a background report on the Human Rights Impact Assessment (HRIA) on the development of AI on Monday.
The report serves as a follow-up review of the LSO and OHRC’s initial 2024 HRIA framework which was created as a tool to help AI developers adhere to human rights obligations by providing a standardized assessment form. At the core of the HRIA was the call to ensure human rights remain at the forefront of every stage of development, focusing mainly on the obligations surrounding bias and discrimination in Ontario. The background report builds upon HRIA by providing more information and guidance on the use and implementation of self-reporting HRIAs, as well as the benefits and limitations of the system.
While providing HRIAs for AI development is not yet legally required in Ontario, the Enhancing Digital Security and Trust Act, of 2024 requires that an accountability framework is developed for the use of AI in the public sector. Furthermore, the proposed federal Artificial Intelligence and Data Act would require organizations to report on any potential biases in “high impact” AI systems before they are released. Regardless of whether or not HRIAs as a framework become a legal requirement, the fundamental human rights obligations remain the same.
The issue of AI regulation remains a controversial topic around the world. In February world leaders convened for the AI Action Summit and in September 2024 the UN released the Governing AI for Humanity report which also directly refers to issues of bias and discrimination, signifying a global attitude of cautious optimism towards the emerging technology.