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Connecticut's attorney general issued an advisory reminding companies that existing state laws already apply to use of artificial intelligence. This reminder reflects a trend seen in guidance from Oregon and New Jersey in December 2024 and January 2025 respectively, reminding companies that existing laws apply to AI use. The Connecticut advisory points to four areas of law that may apply when using AI, civil rights, privacy, consumer protection, and antitrust.
- Civil Rights: The advisory stresses that Connecticut's anti discrimination laws apply whether decisions are made by a human or by an algorithm. For example, if AI is used in discriminatory hiring or housing decisions, existing laws would permit attorney general investigations and enforcement. The same holds true for discrimination in the credit, insurance, and health care spaces. Similarly, with respect to discrimination for education or granting public accommodations.
- Privacy: With respect to privacy, the advisory reminds companies that the Connecticut Data Privacy Act requires data minimization, clear and meaningful notice. It also requires consent for sensitive data processing. The AG advisory also reminds companies that the Connecticut Data Privacy Act may require data protection assessments when AI is used for profiling or other automated processing that presents a reasonably foreseeable risk of harm to consumers. Finally, the advisory reminds companies that Connecticut's data breach notification law will apply if personal information processed or stored in an AI system is subject to a reportable security breach.
- Consumer Protection: The advisory then gives companies AI-related examples of how the Connecticut Unfair Trade Practices Act may come into play. For example, making a misleading claim about AI capabilities or using AI-generated content to trick consumers about endorsements or affiliations.
- Antitrust: the CT AG outlines how the Connecticut Antitrust Act will govern in AI driven pricing and market practices. These could include using algorithms to fix prices or divide markets.
Putting It Into Practice: This is another reminder that states are taking investigation and enforcement of existing laws seriously in the AI space. When creating onboarding processes for vetting AI tools, keep these in mind.
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