Leighton is a visiting researcher in communications, media and information technology at the Aalborg University Center in Denmark and an author. She measures the impact of digital regulatory policies. She lives in San Francisco.
California passed one of the nation's strictest data privacy and digital consumer rights laws in 2020, but the details of how it will be applied and enforced are still being worked out, especially when it comes to automated decision-making technologies powered by AI. Decision-makers overseeing this effort will engage technology industry stakeholders (and, of course, experts in AI in general) to ensure that reasonable regulations are put in place that protect Californians without stifling innovation. That is important.
The California Consumer Privacy Act of 2018 sets standards for data collection, details the consequences for businesses that fail to protect their data, and outlines the rights California consumers can exercise over their personal data. Data privacy laws explained.
The California Consumer Privacy Act was amended in 2020 by state Proposition 24, giving consumers more control over their personal data and also creating the California Privacy Protection Agency to enforce and enforce the agency. it was done. One of the major issues facing the California Privacy Protection Agency today is the impact of artificial intelligence technology, as the power of AI creates new challenges in keeping personal data secure and private. It's about how you deal with it.
To address these challenges, in November 2023, the California Department of Privacy Protection will issue a draft Automated Decision Technology Regulation that defines new protections for consumers who do business with companies that employ emerging technologies that leverage AI. announced. These include the right for consumers to opt out of participating in their AI-powered automated decision-making technology and to access information about how companies are using that technology.
In the UK, Parliament is considering the second version of the Data Protection and Digital Information Bill, which would amend the country's privacy and electronic communications regulations. As part of this process, MPs submitted for further consideration 124 amendments proposed by various government departments and members of parliament. California lawmakers should move with reasonable speed toward finalizing the California Privacy Protection Agency, but they would do well to emulate the deliberate approach underway in the United Kingdom. It is important that California has the right policies to protect consumer personal information. I hurried.
Important policies such as this are best developed with thoughtful input from all stakeholders, and this process includes a proven level of such engagement. Masu. The California Privacy Protection Agency's open engagement policy exists to ensure that the Board does not issue regulations without guidance obtained from public comment. If their actions are not intentional and thoughtful, their command of open engagement is just semantics.
There is strong disagreement among members of the California Privacy Protection Agency's board of directors about the broad scope of the definition of AI-based automated decision-making technology, but there are concerns about the unintended consequences of defining it too broadly. Significant concerns have been raised about the lack of coordination with the governor's office, comments from Sacramento lawmakers, and whether the draft regulations exceed the agency's statutory authority — the board voted 3-2 The panel voted to proceed with the draft text on AI-based automated decision-making technology and risk assessment into formal rulemaking.
Unfortunately, California is at a tipping point where volume and conflict create a web of laws and regulations, with conflicting definitions and policies that make the state a symbol of what not to do. We are at risk of becoming the thoughtful leaders that all other states and countries expect from their policy makers.
There are still plenty of opportunities to avoid that outcome. By taking the time to gather and consider relevant input from all stakeholders, including, among others, AI experts in the technology sector, the California Department of Privacy Protection will continue to advance California's efforts to attract AI innovation and new technologies. We can finalize common-sense regulations that protect consumer privacy without leaving states on the back burner. Business and jobs are rapidly being generated from this vital technology.
