AB 2877: California Consumer Privacy Act of 2018: artificial intelligence: training.

The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including a requirement that a business have the affirmative authorization of the consumer or the consumers parent or guardian, as provided, before selling or sharing the personal information of a consumer that the business has actual knowledge is less than 16 years of age. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. The CCPA establishes the California Privacy Protection Agency and vests it with full administrative power, authority, and jurisdiction to implement and enforce the CCPA.

This bill would would, except if certain conditions are met, prohibit a developer, as defined, from using the personal information of a consumer less than 16 years of age, as specified, to train or retrain fine-tune, as defined, an artificial intelligence system or service unless the consumer or the consumers parent or guardian, as specified, has affirmatively authorized that use of the consumers personal information. The bill would require, if affirmative authorization is given, a developer to deidentify and aggregate the personal information subject to the authorization before using the personal information to train or retrain an artificial intelligence system or service. The bill would define artificial intelligence to mean an engineered or machine-based system that, for explicit or implicit objectives, infers from the input it receives how to generate outputs that can influence physical or virtual environments and would define train to mean to expose artificial intelligence to data in order to alter the relationship between inputs and outputs.

The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.

This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.