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VA HB2250

VA HB2250
Artificial Intelligence Training Data Transparency Act; transparency and disclosure requirements.

summary

Introduced
01/07/2025
In Committee
01/07/2025
Crossed Over
Passed
Dead
02/22/2025

Introduced Session

2025 Regular Session

Bill Summary

Consumer Data Protection Act; Artificial Intelligence Training Data Transparency Act. Allows consumers to authorize a third party, acting on the consumer's behalf, to opt out of the processing of the consumer's personal data. Such authorization may be made using technology that indicates the consumer's intent to opt out, including a browser setting, browser extension, global device setting, or other user-selected universal opt-out mechanism. Where a controller has actual knowledge or willfully disregards that a consumer is an adolescent, defined in the bill as at least 13 years of age but younger than 16 years of age, no controller shall process any personal data collected or collect precise geolocation data from such adolescent without obtaining consent from such adolescent. The bill provides that the Attorney General has discretion regarding whether to provide an opportunity to cure a violation to a controller or processor beginning January 1, 2026. The bill also revises the definitions of "sale of personal data," "sensitive data," and "biometric data." The bill requires a developer of a generative artificial intelligence system or service, defined in the bill, to disclose on the developer's website information about the generative artificial intelligence data set used to train such system or service. A developer shall keep detailed records of the generative artificial intelligence data set used to train a generative artificial intelligence system or service and provide clearly designated and publicly available mechanisms for submissions of Training Data Verification Requests, defined in the bill, and Training Data Deletion Requests, defined in the bill. The bill also prohibits nondisclosure or confidentiality agreements from concealing noncompliance with the bill. The bill allows the Attorney General to offer developers an opportunity to cure noncompliance that is noticed by the Attorney General and provides that a person or entity claiming to be injured due to a violation of such provisions shall be entitled to initiate an action for monetary damages or equitable relief. The provisions of the bill regarding such developers have a delayed effective date of July 1, 2026.

AI Summary

This bill establishes the Artificial Intelligence Training Data Transparency Act, which imposes new requirements on developers of generative artificial intelligence (AI) systems in Virginia. The bill mandates that AI developers disclose detailed information about the training data used to create their AI systems, including the sources, types, and preprocessing of data sets. Developers must provide publicly accessible mechanisms for content owners to verify if their data was used in training and to request deletion of their content from AI training data sets. The bill introduces specific protections for personal data, especially for children and adolescents, by restricting how their data can be processed for targeted advertising, profiling, or sale. Developers are prohibited from using non-disclosure agreements to conceal non-compliance with the act, and the Attorney General is granted enforcement powers, with the ability to issue 30-day cure notices for violations. The law will become effective on July 1, 2026, and provides a framework for transparency and accountability in AI development, giving individuals more control over how their data is used in AI training. Violations of the act can result in civil penalties up to $7,500 per violation, and the bill allows for potential monetary damages or injunctive relief for individuals who can demonstrate injury from non-compliance.

Committee Categories

Business and Industry

Sponsors (3)

Last Action

Left in Communications, Technology and Innovation (on 02/04/2025)

bill text

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Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/HB2250
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB2250) https://lis.blob.core.windows.net/files/1020958.PDF
BillText https://lis.virginia.gov/bill-details/20251/HB2250/text/HB2250
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