Bill Text: CA AB2877 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Consumer Privacy Act of 2018: artificial intelligence: training.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2024-08-15 - In committee: Held under submission. [AB2877 Detail]

Download: California-2023-AB2877-Amended.html

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Amended  IN  Assembly  April 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2877

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Introduced by Assembly Member Bauer-Kahan

February 15, 2024

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An act to amend Sections 1798.199.10 and 1798.199.15 of add Section 1798.199.41 to the Civil Code, relating to privacy.

LEGISLATIVE COUNSEL'S DIGEST

AB 2877, as amended, Bauer-Kahan. California Consumer Privacy Act of 2018: California Privacy Protection Agency. artificial intelligence: minors.

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 the right to request a requirement that a business delete personal information about the consumer that the business has collected from the consumer. inform consumers if the business collects sensitive personal information, as defined. 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. The CCPA requires the agency to be governed by a 5-member board appointed, as specified, from among Californians with expertise in the areas of privacy, technology, and consumer rights. The CCPA requires members of the board to have qualifications, experience, and skills, in particular in the areas of privacy and technology, required to perform the duties of the agency and exercise its powers.

This bill would require members of the board to additionally have qualifications, experience, and skills in consumer rights. prohibit a developer, as defined, from using the sensitive personal information of a natural person under 18 years of age to train an artificial intelligence system or service, and would require the agency to enforce those provisions. 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.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 1798.199.10 of the Civil Code is amended to read:

1798.199.10.

(a)There is hereby established in state government the California Privacy Protection Agency, which is vested with full administrative power, authority, and jurisdiction to implement and enforce the California Consumer Privacy Act of 2018. The agency shall be governed by a five-member board, including the chairperson. The chairperson and one member of the board shall be appointed by the Governor. The Attorney General, Senate Rules Committee, and Speaker of the Assembly shall each appoint one member. These appointments shall be made from among Californians with expertise in the areas of privacy, technology, and consumer rights.

(b)The initial appointments to the agency shall be made within 90 days of the effective date of the act adding this section.

SEC. 2.Section 1798.199.15 of the Civil Code is amended to read:

1798.199.15.

Members of the agency board shall:

(a)Have qualifications, experience, and skills, in particular in the areas of privacy, technology, and consumer rights, required to perform the duties of the agency and exercise its powers.

(b)Maintain the confidentiality of information that has come to their knowledge in the course of the performance of their tasks or exercise of their powers, except to the extent that disclosure is required by the Public Records Act.

(c)Remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from another.

(d)Refrain from any action incompatible with their duties and engaging in any incompatible occupation, whether gainful or not, during their term.

(e)Have the right of access to all information made available by the agency to the chairperson.

(f)Be precluded, for a period of one year after leaving office, from accepting employment with a business that was subject to an enforcement action or civil action under this title during the member’s tenure or during the five-year period preceding the member’s appointment.

(g)Be precluded for a period of two years after leaving office from acting, for compensation, as an agent or attorney for, or otherwise representing, any other person in a matter pending before the agency if the purpose is to influence an action of the agency.

SECTION 1.

 Section 1798.199.41 is added to the Civil Code, to read:

1798.199.41.

 (a) For purposes of this section, the following definitions shall apply:

(1) “Artificial intelligence” means 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.

(2) “Developer” means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by a third party.

(3) “Minor” means a natural person under 18 years of age.

(b) A developer shall not use a minor’s sensitive personal information to train an artificial intelligence system or service.

(c) This section shall be enforced by the agency.

SEC. 3.SEC. 2.

 The Legislature finds and declares that this act furthers the purposes and intent of The California Privacy Rights Act of 2020.