Manatt Privacy and Data Security Partner Paul Luehr was quoted in Law360 on Colorado’s recently enacted AI law aimed to protect consumers from potential algorithmic discrimination by companies utilizing AI systems.
While similar to previous AI state laws, Colorado’s new legislation expands on the requirement for companies to inform customers of AI use in chat bots and also addresses AI use for internal business operations. At the same time, this new law overlaps with legal requirements found in many existing non-AI laws. "We always try to emphasize [that] there are lots of laws already on the books that will affect people considering different AI models: employment laws, discrimination laws, privacy laws," Luehr said. "All those laws are still in effect, and some of them are quite comprehensive."
Even though this AI law disclaims a private right of action in the courtroom, plaintiffs may seek to find new loopholes. “The plaintiffs bar is very clever, and they will probably… take some concepts from this law and try to apply them to a consumer-oriented case," he said.
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