Bill > HB791

This bill, titled "The People's A.I. Act," establishes regulations for artificial intelligence (AI) chatbots in Louisiana, aiming to protect user data privacy, ensure transparency, and define liability. Key provisions include requiring "affirmative consent" from users before their personal data or chat logs can be collected or used for purposes like advertising or training, with specific definitions for what constitutes valid consent and what does not, such as accepting broad terms of use or inaction. The bill defines terms like "chatbot" (an AI system simulating conversation), "chatbot provider" (the entity making the chatbot available), "personal data" (information linked to an identifiable individual), and "dark pattern" (user interfaces designed to trick users). It prohibits chatbot providers from processing personal data without consent, using chat logs for targeted advertising, or engaging in profiling beyond what's needed for a user's request, with special protections for users under 18. Users are granted the right to access their chat logs, and chatbot providers must implement robust data security programs. The bill mandates clear disclosures to users that they are interacting with an AI, not a human, and requires monthly risk assessments for potential harm. The Attorney General is empowered to create rules for implementing these provisions, including defining harm metrics and transparency requirements. The bill also establishes that chatbots are considered products for liability purposes, and chatbot providers have a duty to prevent user injury, holding them liable even if they exercised reasonable care or didn't directly contract with the user. Violations can lead to civil actions by the Attorney General or district attorneys, and individuals can sue for damages, including statutory damages of $5,000 per violation for privacy breaches or a total of $5,000 for transparency violations, plus potential punitive damages for knowing violations.

Business and Industry

https://www.legis.la.gov/legis/BillInfo.aspx?s=26rs&b=HB791&sbi=y