Hunton Andrews Kurth writes:
On January 13, 2025, California Attorney General Rob Bonta issued two legal advisories on the use of AI, including in the healthcare context. The first legal advisory (“AI Advisory”) advises consumers and entities about their rights and obligations under the state’s consumer protection, civil rights, competition, and data privacy laws with respect to the use of AI, while the second (“Healthcare AI Advisory”) provides guidance specific to healthcare entities about their obligations under California law regarding the use of AI.
The AI Advisory notes that businesses have existing obligations with respect to their use of AI under existing California law, including the California Consumer Privacy Act of 2018, the California Invasion of Privacy Act, the Student Online Personal information Protection Act and the Confidentiality of Medical information Act.
The AI Advisory also notes the applicability of recently passed AI laws (with effective dates in 2025 and 2026) to businesses’ use of AI, including laws providing:
- disclosure requirements for businesses (e.g., regarding training data used in AI models, AI-generated telemarketing, detection tools for content created by generative AI);
- contractual and consent requirements relating to the unauthorized use of likeness in the entertainment industry and other contexts;
- disclosure and content removal requirements relating to the use of AI in election and campaign materials;
- prohibition of and reporting requirements related to exploitative uses of AI (i.e., child pornography, nonconsensual pornography using deepfake technology, sexually explicit digital identity theft); and
- supervision requirements for use of AI tools in healthcare settings.
Read more at Privacy & Information Security Law Blog.