Source: JD Supra

JD Supra provides a legal analysis of the latest legislative developments in California concerning both privacy and artificial intelligence, authored by legal experts in the field. The article explains that California is continuing its pioneering role in U.S. technology regulation by introducing new bills and regulations that specifically target the use of AI and automated decision-making technologies (ADMT). This new wave of legislation builds upon the foundational principles of the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). The authors detail how the California Privacy Protection Agency (CPPA) is actively engaged in drafting regulations that will give consumers new rights regarding the use of their personal information in ADMT, including the right to access information about how a business uses these technologies and the right to opt-out of such use.

The analysis highlights the significant compliance challenges these new rules will create for businesses operating in California. Companies will need to conduct comprehensive inventories of their AI and automated systems to understand how they use personal data and for what purposes. A key focus of the new regulations is on conducting and submitting risk assessments to the CPPA for any data processing activities, particularly those involving AI, that present a significant risk to consumers' privacy or security. The article stresses that businesses must prepare for enhanced transparency requirements, which will likely mandate clear and accessible notices to consumers about their use of ADMT. This evolving legal framework signals a move towards greater accountability and consumer control in the age of AI, requiring businesses to be more deliberate and transparent about their data practices.