SB 963

Summary

As introduced: - Requires operators of chatbots that deal substantially with health information to obtain a license from the Department of Justice. - Requires professional liability insurance, data encryption, reporting of security breaches, explicit user consent for data collection and use, with a consumer right to access and delete data. - Requires disclosure of the artificial nature of the chatbot, limitations of service, data use practices, user rights, emergency resources, and human oversight and intervention protocols. - Creates the Chatbot Safety and Privacy Act, establishing a "duty of loyalty" for providers of certain chatbots, requiring maintaining systems to address emergencies, prevent emotional dependence on chatbots, clearly disclose when users are interacting with AI, and avoid manipulative or misleading design. - Directs platforms to limit data collection to what is necessary, use personalization responsibly, avoid influencing users against their interests, and act as careful gatekeepers of user data, including in sharing it with third parties or government. - Mandates that providers clearly disclose the artificial nature of a chatbot and obtain a user's explicit, informed consent prior to an interaction. - Requires deidentification of all user-related data with reasonable care to prohibit inclusion of sensitive personal information to train models. Requires storing chatbots with non-sensitive personal information for at least 60 days. - Authorizes a private right of action.

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