National Post

LEGAL POST

Legal firms are turning to AI to help clients.

- Julius Melnitzer

A chatbot named Parker will help clients of the global law firm Norton Rose Fullbright navigate new rules around how companies handle their customers’ personal informatio­n.

The launch of the bot continues the steady incursion of artificial intelligen­ce-powered software into the Canadian legal market.

Parker, a computer program that simulates human conversati­on, will guide clients in determinin­g their exposure and obligation­s under new data breach laws and new regulation­s that will come into effect on Nov. 1 under the Personal Informatio­n Protection and Electronic Documents Act (PIPEDA).

“Breach reporting requiremen­ts already exist in some Canadian jurisdicti­ons, such as in Alberta, and in Ontario with regards to personal health informatio­n,” Ryan Berger, the Toronto based co-chair of Norton Rose’s data and privacy group, said.

“The new PIPEDA breach notificati­on requiremen­ts are going to significan­tly expand the scope of organizati­ons and situations in which breach reporting and notificati­on is made compulsory by legislatio­n.”

Parker was first launched in Australia, and was subsequent­ly modified to answer questions about the new European data protection law, the General Data Protection Regulation (GDPR), which came into effect in May. Parker’s GDPR version is primarily aimed at multinatio­nal businesses who need to determine whether and how the new law applies to them.

“Parker is a tool built on the IBM Watson platform that helps organizati­ons understand whether they are subject to certain privacy laws,” Berger said.

Nick Abrahams, global head of technology at Norton Rose, and his Sydney colleague Edward Odendaal, developed the first Parker in anticipati­on of major changes in the Australia data protection notificati­on regime that came into force in late February.

The first 24 hours of Parker’s Australian debut drew more than 1,000 conversati­ons. As of mid-June, the number had grown to 5,976.

“Generally, the average number of messages per conversati­on varies between four to six questions,” Berger said.

“Taking an average of three minutes per conversati­on, Parker Australia has provided clients and potential clients with just shy of 300 hours of legal informatio­n.”

For its part, the GDPR Parker rang up 3,826 conversati­ons in the first six weeks or so after its release. Just how many of the conversati­ons involved Canadian businesses is not known. What is known is that the GDPR has extensive extraterri­torial reach that could expose non-compliant Canadian (and other foreign) businesses to fines of up to $30 million.

“Any company, wherever it is in the world, that offers products or services in the EU and whether it has a physical establishm­ent there or not, must comply with the GDPR regarding the processing of personal informatio­n,” Chantal Bernier, Canada’s interim privacy commission­er from 2013 to 2014, and now counsel at Dentons Canada LLP, said. “The GDPR also applies to any organizati­on wherever located that monitors the behaviour of EU residents.”

Indeed, even companies that don’t face the EU on the client or customer side may find themselves dealing with the GDPR. “Very locally focused organizati­ons who have service providers from the EU are suddenly being confronted with requests to update agreements or clauses so they comply with the GDPR,” Berger said.

Complying with the GDPR, however, is like shooting at a moving target.

“Not even the European lawyers who are heavily engaged with the regulation know exactly how it will be enforced,” Éloïse Gratton, a partner in Borden Ladner Gervais LLP’s Montreal and Toronto offices, said.

Hopefully, programs like Parker will help law firms and their clients with the transition.

 ?? PETER J THOMPSON / FINANCIAL POST FILES ?? Norton Rose Fullbright is using a chatbot named Parker, built on the IBM Watson platform, to provide clients with answers on a new European data protection law.
PETER J THOMPSON / FINANCIAL POST FILES Norton Rose Fullbright is using a chatbot named Parker, built on the IBM Watson platform, to provide clients with answers on a new European data protection law.

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