The California Attorney General published two legal advisories this week:
- Legal Advisory on the Application of Existing California Laws to Artificial Intelligence
- Legal Advisory on the Application of Existing California Law to Artificial Intelligence in Healthcare
These advisories seek to remind businesses of consumer rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, CCPA), and to advise developers who create, sell, or use artificial intelligence (AI) about their obligations under the CCPA.
Attorney General Rob Bonta said, “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 [. . .] 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.”
Advisory No. 1: Application of Existing California Laws to Artificial Intelligence
This advisory:
- Provides an overview of existing California laws (i.e., consumer protection, civil rights, competition, data protection laws, and election misinformation laws) that may apply to companies that develop, sell, or use AI;
- Summarizes the new California AI law that went into effect on January 1, 2025, such as:
- Disclosure Requirements for Businesses
- Unauthorized Use of Likeness
- Use of AI in Election and Campaign Materials
- Prohibition and Reporting of Exploitative Uses of AI
Advisory No. 2: Application of Existing California Law to Artificial Intelligence in Healthcare
AI tools are used for tasks such as appointment scheduling, medical risk assessment, and medical diagnosis and treatment decisions. This advisory:
- Provides guidance under California law, i.e., consumer protection, civil rights, data privacy, and professional licensing laws—for healthcare providers, insurers, vendors, investors, and other healthcare entities that develop, sell, and use AI and other automated decision systems;
- Reminds such entities that AI carries harmful risks and that all AI systems must be tested, validated, and audited for safe, ethical, and lawful use;
- Informs such entities that they must be transparent about using patient data to train AI systems and alert patients on how they are using AI to make decisions affecting their health and/or care;
This is yet another example of how issues related to the safe and ethical use of AI will likely be at the forefront for many regulators across many industries.