California and New Jersey Release AI-Related Advisories and Guidance

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  • In a continuation of the trend of artificial intelligence becoming a regulatory focal point, California AG Rob Bonta issued legal advisories on the application of California law to AI, while New Jersey AG Matthew Platkin announced the creation of a Civil Rights Innovation Lab and new guidance on algorithmic discrimination.
  • California AG Rob Bonta’s first advisory reminds consumers of their rights and businesses and healthcare entities who develop, sell, or use AI of their obligations under consumer protection and other California laws; and summarizes new laws, including those imposing disclosure obligations on businesses.  The second advisory provides guidance to healthcare providers, insurers, vendors, investors, and other healthcare entities that develop, sell, or use AI about their obligations under state consumer protection, patient privacy, and other laws.
  • New Jersey AG Matthew Platkin issued guidance on how the state law applies to the use of AI and other advanced technologies, describes the risk of algorithmic discrimination, and summarizes the LAD’s protections against algorithmic discrimination.  The AG also describes how the state’s Civil Rights Innovation Lab will develop a blueprint for deploying AI-powered tools to process complaints of discrimination and harassment, expand enforcement, improve accessibility, and educate the public about their rights.
  • We have recently covered the Washington AG’s inaugural meeting of the state’s AI Task Force and the issuance of a joint statement by the FTC, DOJ, and international antitrust enforcers on fair competition in the AI market.
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