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Tuesday, January 14, 2025

California issues legal advisories on AI application under state law

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Attorney General Rob Bonta | Official website

Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta has issued two legal advisories addressing the application of California law to artificial intelligence (AI). These advisories aim to inform consumers about their rights and guide businesses and healthcare entities on their obligations under existing and new state laws.

"California is an economic powerhouse built in large part on technological innovation. And right alongside that economic might is a strong commitment to economic justice, workers’ rights, and competitive markets. We’re not successful in spite of that commitment — we’re successful because of it," said Attorney General Bonta. "AI might be changing, innovating, and evolving quickly, but the fifth largest economy in the world is not the wild west; existing California laws apply to both the development and use of AI. Companies, including healthcare entities, are responsible for complying with new and existing California laws and must take full accountability for their actions, decisions, and products."

The first advisory outlines consumer protection, civil rights, competition, data privacy laws, as well as new legislation effective January 1, 2025. It highlights requirements such as disclosure obligations for businesses using AI and restrictions on unauthorized likeness use.

The second advisory focuses specifically on healthcare-related applications of AI. It addresses potential benefits like improving patient health outcomes but also warns against risks such as discrimination or privacy violations. The guidance emphasizes transparency regarding AI's role in decision-making processes affecting health care.

Both advisories underscore that developers and users of AI systems must ensure compliance with all relevant state laws. They are encouraged to validate these systems to prevent human error or bias replication.

These documents serve as a reminder that various other California laws also apply to entities using AI technology within their operations.

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