ANALYSIS: As AI Meets Privacy, States’ Answers Raise Questions

While artificial intelligence may stir debates about the future, it’s already a part of many attorneys’ current practice. And in 2023, companies doing business in four states—California, Virginia, Colorado, and Connecticut—will need to comply with consumer privacy laws governing AI-powered data processing. The regulatory answers proposed by these states on how to leverage AI in compliance with privacy laws are already spurring questions that will likely linger long after the laws take effect.

There are some high-level similarities among these laws’ AI-related requirements, including mandatory risk assessments and individual rights to opt out of certain automated decisions. But ...