Making Privacy More than a Virtual Reality: The Challenges of Extending Canadian Privacy Law to Extended Reality
Organization
CIPPIC, the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
University of Ottawa, Faculty of Law
Published
2024
Project Leader(s)
Christian Clevette
Summary
Emerging virtual and extended reality (XR) technologies, including augmented reality (AR), virtual reality (VR), and mixed reality (MR), are pushing the limits of Canada’s privacy laws. XR headsets use cameras, sensors, and eye tracking to create immersive experiences, but they also gather large amounts of sensitive biometric data. This data can reveal personal information about users and those around them, raising serious privacy concerns not fully addressed by current Canadian laws.
Canada’s patchwork of privacy regulations, including PIPEDA and various provincial laws, struggles to keep up with these technologies. The proposed Consumer Privacy Protection Act (CPPA) aims to modernize privacy protections but still falls short in areas like consent and data sensitivity.
CIPPIC’s report highlights three key recommendations: laws should require explicit consent for data collection, the Privacy Commissioner should adopt a co-regulatory model with XR stakeholders, and the CPPA should be amended to define “sensitive information” and strengthen protections for children.
To fully address XR’s privacy risks, legal reforms should be paired with increased privacy education, a privacy grading system, and enhanced enforcement measures. While XR has great potential in areas like entertainment and education, it must not come at the cost of Canadians’ privacy.
Project deliverables are available in the following language(s):
OPC Funded Project
This project received funding support through the Office of the Privacy Commissioner of Canada’s Contributions Program. The opinions expressed in the summary and report(s) are those of the authors and do not necessarily reflect those of the Office of the Privacy Commissioner of Canada. Summaries have been provided by the project authors. Please note that the projects appear in their language of origin.
Contact Information
Director, CIPPIC
57 Louis Pasteur St.
University of Ottawa
Ottawa, ON K1N 6N5
Email: cippic@uottawa.ca
Phone: 613-562-5800
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