HB 5138

As introduced: - Prohibits a chatbot from using personal data to generate outputs unless it is necessary to fulfill a user’s express request with affirmative consent. - Prohibits a chatbot from using chat logs for advertising purposes or profiling beyond what is necessary. - Prohibits processing the chat log of a known minor without parental consent. - Prohibits selling chat logs or retaining logs for more than ten years. - Prohibits discriminating or retaliating against a user. - Creates a user right to access chat logs. - Prohibits a government from compelling input data or chat logs without a warrant. - Requires a comprehensive data security program. - Prohibits a chatbot from advertising services equivalent to those of licensed professionals such as lawyers, CPAs, investment advisors, or other certified professionals. - Prohibits suggesting to a user that inputs or chat logs are confidential. - Requires a chatbot provider to clearly disclose to a user that the user is interacting with a chatbot and not a natural person. - Clarifies that a chatbot is considered a product for the purposes of a product liability action. - Grants authority to the Attorney General or a county attorney to bring a civil action.