"I would therefore submit that PIPEDA requires a duty to explain decision-making by machines. A duty to explain addresses “transparency” and “meaningful consent” concerns but goes further in order to ensure fundamental rights to due process and the presumption of innocence. Arguably, such a duty is enshrined in the forthcoming EU GDPR (General Data Protection Regulation). Even if it is not, Canada should lead by enacting such a duty. I would go even further, following EU GDPR Article 22, and suggest that PIPEDA should also to enshrine “a right not to be subject to a decision that is based solely on automated processing.” PIPEDA was enacted to protect human beings from technological encroachment. Decision-making about people must therefore maintain meaningful human control. PIPEDA should prohibit fully automated decision-making that does not permit human understanding or intervention. And, to be clear, I make these submissions not to ensure EU “adequacy.” I make these submissions because they are necessary to protect privacy and human rights."