State privacy legislation

Keypoint: While not as far-reaching as bills under consideration in other states, the Utah bill creates some obligations for private sector companies deploying generative artificial intelligence, including disclosing its use.

In early March, the Utah legislature unanimously passed SB 149. The bill is now with Utah Governor Spencer Cox for signature. In general, the bill: (1) specifies that Utah’s consumer protection laws apply equally to an entity’s use of generative artificial intelligence as they do to the entity’s other activities, (2) requires private sector entities to take steps to disclose and/or respond to inquiries about their use of generative artificial intelligence, and (3) creates the Office of Artificial Intelligence Policy which is charged with, among other things, administering an artificial intelligence learning laboratory program. Once signed by the Governor, the law will go into effect on May 1, 2024.

In the below article, we provide a brief analysis of the bill’s provisions.

For the second year in a row, we are releasing our State Biometric Privacy Law Tracker. The tracker, which compliments our State Privacy Law Tracker and State Children’s Privacy Law Tracker, identifies the states that are considering biometric privacy legislation and provides helpful links to the bills. Bookmark the page and use it…

Keypoint: The 2024 state legislative session picks up where the 2023 session left off with lawmakers already pursuing consumer, children’s, biometric, and consumer health data privacy bills as well as data broker bills.

We are back for our fifth year of tracking proposed state privacy legislation and fourth year of providing weekly updates. As in past years, we will track proposed consumer data privacy legislation through our weekly updates and State Privacy Law Tracker map. We also already released our State Children’s Privacy Law Tracker map and summary of the status of proposed bills.

Last year, we also tracked proposed biometric, consumer health, data broker, algorithmic discrimination, and automated employment decision tools bills. This year, we will continue to track all of those bills but we are changing our format to bring you even more useful information. Here’s what is changing:

First, instead of providing historical information in a long blog post, we will provide the same information on bill tracking charts. This will hopefully streamline and consolidate the information into a more digestible format.

Second, in the coming weeks, we will make available expanded bill tracking charts to clients through a new client portal. Stay tuned for more information.

Finally, with the rapidly expanding number of algorithmic discrimination bills being filed, we are creating a separate update email to track those bills as well as other AI-related bills and regulations. We also will provide a new tracker map for certain types of AI bills.

We hope that these alerts and maps combined with our monthly privacy litigation updates will provide you with the best all-around coverage of emerging US privacy law.

Now to our first weekly update. As always, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.