California AI-ware Act

Proposed 2023-02-06 | Official source

Summary

Establishes California’s Office of Artificial Intelligence to guide state agencies' design, use, and deployment of automated systems in a manner that minimizes bias and promotes privacy and civil liberties. Requires state agencies to inform users when they interact with an AI system, and provide instructions to reach a non-AI contact.

This document has not been enacted or otherwise finalized and is subject to change. This summary is based on a copy of the document collected 2024-10-15 - refer to the official source for the most current version.

Key facts

🏛️ This document has been proposed by the State of California, but is not yet enacted. For authoritative text and metadata, visit the official source.

🎯 This document primarily applies to the government, rather than the private sector.

📜 This document's name is An act to add Chapter 5.9 (commencing with Section 11549.80) to Part 1 of Division 3 of Title 2 of, the Government Code, relating to state government.. AGORA also tracks this document under the name California AI-ware Act.

Themes AI risks, applications, governance strategies, and other themes addressed in AGORA documents.

This document has not been enacted or otherwise finalized and is subject to change. This summary is based on a copy of the document collected 2024-10-15 - refer to the official source for the most current version.

Harms (1)

Violation of civil or human rights, including privacy This tag applies to documents addressing AI-related violations of human rights, civil liberties, civil rights, or democratic norms and systems. Examples include censorship, invasion of privacy, loss of access to government services or benefits, and racial discrimination.

Governance strategies (3)

AI application areas (1)

Government: other applications/unspecified

Full text

This is an unofficial copy. The document has been archived and reformatted in plaintext for AGORA. Footnotes, tables, and similar material may be omitted. For the official text, visit the original source.
This text may be out of date. According to the latest data in AGORA, this document has been proposed, but is not yet enacted or otherwise finalized. This text was collected 2024-10-15 and may have been revised in the meantime. Visit the official source for authoritative text.

SECTION 1. Chapter 5.9 (commencing with Section 11549.80) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 5.9. Artificial Intelligence 11549.80. This chapter shall be known, and may be cited, as the California AI-ware Act.

11549.81. In enacting this chapter, the Legislature finds and declares: (a) The Legislature recognizes the tremendous potential of artificial intelligence (AI) to improve the lives of its citizens and the functioning of government. However, the Legislature also recognizes that the use of AI must be guided by principles of fairness, transparency, and accountability to ensure that the rights and opportunities of all Californians are protected in the age of artificial intelligence. (b) The Legislature declares that no individual or group should be discriminated against on the basis of race, gender, age, religion, sexual orientation, or any other protected characteristic in the design, development, deployment, or use of AI systems. (c) The Legislature affirms the importance of transparency in the use of AI systems. The public has the right to know when they are interacting with AI being used by the state, and to have a clear and conspicuous identification of that interaction. (d) The Legislature recognizes that the use of AI systems must be consistent with the protection of privacy and civil liberties and must be guided by a commitment to equity and social justice. It is the intent of the Legislature in enacting this legislation that all AI systems be designed and deployed in a manner that is both of the following: (1) Consistent with state and federal laws and regulations regarding privacy and civil liberties. (2) Minimizes bias and promotes equitable outcomes for all Californians.

11549.82. There is in state government, within the Department of Technology, the Office of Artificial Intelligence. 11549.83. The office shall have the power and authority necessary to guide the design, use, or deployment of automated systems by a state agency to ensure that all AI systems are designed and deployed in a manner that is consistent with state and federal laws and regulations regarding privacy and civil liberties and that minimizes bias and promotes equitable outcomes for all Californians. 11549.84. (a) A state agency that utilizes generative artificial intelligence to directly communicate with a person, either through an online interface or telephonically, shall clearly and in a conspicuous manner identify to that person that their interaction with the state agency is being communicated through artificial intelligence. (b) A state agency that utilizes generative artificial intelligence to directly communicate with a person shall provide on the agency’s internet website clear instructions, or a link to a page with clear instructions, informing the person when and how the person can directly communicate with a person from the state agency. (c) For purposes of this section, “person” means a natural person.