California’s Privacy Regulator Considers AI Regulations with Opt-Out and Access Rights Focus

California’s privacy regulator, the CPPA, is drafting regulations to put guardrails on AI, under the term “Automated Decisionmaking Technology” (ADMT). The draft incorporates opt-out rights, pre-use notice requirements, and access rights that would allow state residents to obtain meaningful information on how their data is used for automation and AI tech. The proposed rules are risk-based and take inspiration from the EU’s GDPR. They aim to include provisions that may be harder for tech giants to bypass. The California Privacy Protection Agency’s (CPPA) proposed regulations deal with access and opt-out rights in relation to businesses’ use of ADMT. The aim is to establish the framework that would allow state residents to request an opt-out from their data being used for automated decisionmaking. The planned framework also requires businesses wanting to apply ADMT must provide “pre-use notices” to affected consumers. This is similar to provisions in the EU’s GDPR that put transparency and fairness obligations on entities processing personal data. The proposed framework also includes access rights which allows state residents to ask a business to provide them with details of their use of ADMT.