Calif. Privacy Board to Wade into AI Waters at Friday Meeting

Data strategy and privacy attorney Rachel Marmor was quoted in a Law360 article about California's ambitious regulations for enacting privacy laws that would protect the use of personal data for automated decision-making and profiling purposes. Ms. Marmor examined the proposed requirements for companies to boost transparency through notices and providing consumers access to information on the use of these technologies.

"The scope of the draft regulations [in California] is ambitious, particularly when compared to the obligations contained in" these other laws, she noted.

She also said that the proposal's definition of automated decision-making technology, "is broad and could be read to cover any time a computer is used to compile information to facilitate a decision, such as use of a spreadsheet to perform a computation that facilitates human decision-making."

Another issue that the proposed regulations could present to companies is compliance. Including the idea that companies must provide an opt-out file for consumers to be able to keep, which might require a company to spread that opt-out "through a variety of channels and devices through which a consumer interacts with the company or through which business decisions are made," Ms. Marmor explained.

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