"However, technological developments in the 17 years since PIPEDA go well beyond watching. Today, I will focus on a single example: the use of AI to perform risk assessment and delegated decision-making. The substitution of machines for humans shifts the metaphor away from the watchful eye of Big Brother, towards what Professor Daniel Solove has characterized as “a more thoughtless process of bureaucratic indifference, arbitrary errors, and dehumanization, a world where people feel powerless and vulnerable, without any meaningful form of participation in the collection and use of their information.” This isn't George Orwell’s 1984—its Franz Kafka’s Trial of Joseph K. Since the enactment of PIPEDA, the world we now occupy permits complex, inscrutable AI to make significant decisions that affect our life chances and opportunities. These decisions are often processed with little to no input from the people they affect, and little to no explanation as to how or why these decisions were made. Such decisions may be “unnerving, unfair, unsafe, unpredictable, unaccountable”—and unconstitutional. They interfere with fundamental rights, including the right to due process and even the presumption of innocence."