IPC and OHRC lay down new principles for responsible use of AI

On January 21, 2026, the Office of the Information and Privacy Commissioner of Ontario (IPC) and the Ontario Human Rights Commission (OHRC) jointly published the Principles for the Responsible Use of Artificial Intelligence (the Principles) for organizations that are developing and using artificial intelligence technology.

The Principles will inform the IPC and OHRC’s assessment of whether an organization’s use of AI technology is consistent with privacy and human rights obligations. In this article, we set out the key points organizations developing and using AI should take from the Principles.

Definition of “artificial intelligence system”

The Principles adopt Ontario’s Enhancing Digital Security and Trust Act’s definition of an “artificial intelligence system” which is presently:

“a machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments”

Although Ontario’s Enhancing Digital Security and Trust Act only applies to Ontario public sector entities at this time, and the Principles themselves are non-binding, we also note that this definition is identical to the definition of “artificial intelligence” under Ontario employment regulations applicable to job postings, likely signalling an attempt to harmonize definitions of AI within Ontario. This definition is also consistent with the Organisation for Economic Co-operation and Development (OECD ) definition of an AI system.

The principles

The Principles for responsible use of AI are intended to be applied at each stage of the AI lifecycle, which is described as including (a) design, data, and modelling, (b) verification and validation, (c) deployment, (d) operation and monitoring, and (e) decommissioning. The Principles include:

• AI systems must exhibit valid and reliable outputs for the purposes for which they are designed, used, or implemented. Validity requires that the system meet independent testing standards for its specific use. Reliability means the system performs consistently as required in its intended environment over time.

• AI systems must be safe in the sense that they are developed, acquired, adopted, and governed to prevent harm or unintended harmful outcomes that infringe upon human rights, including the rights to privacy and non-discrimination.

• AI systems must be privacy protective and should be developed using a “privacy-by-design” approach. Developers, providers, or users of AI systems should take proactive measures to protect the privacy and security of personal information and support the right of access to information from the very outset.

• AI systems should be human rights affirming and protections must be built into the design of AI systems and procedures. Institutions using AI systems must prevent and remedy discrimination effectively and ensure that benefits from the use of AI are universal and free from discrimination. In Ontario, this would include identifying and addressing systemic discrimination on grounds protected under the Ontario Human Rights Code.

• Institutions must be transparent about their development, provision, and use of AI. Systems must be visible (publicly accounted for), understandable (operation can be explained), explainable (process and rationale for outputs can be described), and traceable (a thorough account of the system's operation can be collected).

• Use of AI should be accountable. Institutions should implement a robust internal governance structure with clearly defined roles, responsibilities, and oversight procedures, including a “human-in-the-loop” approach, to ensure accountability throughout the entire lifecycle of their AI systems.

Takeaways

While the Principles are non-binding, organizations that develop, deploy or use AI in Ontario should assess alignment with the Principles, which may inform how the IPC or OHRC evaluates compliance with Ontario privacy and human rights obligations.

Alignment with the Principles does not replace the requirement to comply with applicable employment, privacy, and human rights legislation as may relate to the use of AI and employers should remain vigilant when implementing AI as part of their employment practices.

If you have any questions or need assistance regarding Canadian privacy, human rights, and AI-related employment concerns, please contact DLA Piper’s Canadian Employment & Labour group.