CalPrivacy Opposes New Federal Efforts to Block State Protections

SACRAMENTO, CA — The California Privacy Protection Agency (CalPrivacy) opposes two new federal efforts that seek to remove key state-level protections that place important guardrails on the use of advanced technologies. Earlier this week, House leadership proposed to insert a moratorium on state artificial intelligence and automated decisionmaking technology (ADMT) laws into the National Defense Authorization Act (NDAA) that is currently under consideration in Congress. In addition, a draft executive order circulated yesterday would propose creating a task force within the U.S. Department of Justice to challenge state AI laws, among other provisions. States play a crucial role in addressing new technologies, and they must retain their ability to protect residents from evolving privacy threats.

“California has consistently demonstrated that it is possible to support innovation while providing consumers with critical privacy protections, and current federal efforts to block common sense state laws erode consumer safety and trust,” said Tom Kemp, CalPrivacy's Executive Director. “These proposals would rob millions of Californians of rights they already enjoy, leaving consumers vulnerable during a time of rapid technological change. We cannot afford to press pause on privacy.”

While the details of the legislative proposal have not yet been made public, a moratorium proposed earlier this year in the federal budget bill would have prohibited states from enforcing AI laws for five years. That measure was rejected by the Senate in a 99-1 vote, but members of the House are now looking to revive a similar provision in the must-pass defense bill.

Both of these federal proposals to eliminate state-level AI laws would likely restrict existing and future state legislation for an extended period without putting any comparable federal protections in place.

California and over a dozen other states with comprehensive consumer privacy laws have proven that states are well positioned to address privacy harms arising from new technologies because of their proximity to consumer complaints and ability to respond and innovate quickly. Additionally, many states have already acted to address urgent concerns raised by AI and provide basic protections for children, consumers, creators, and patients. CalPrivacy, for example, recently finalized regulations under the California Consumer Privacy Act that govern consumers' access and opt-out rights related to businesses' use of ADMT — crucial rights that provide consumers with transparency about how their personal information is used and offer them greater control over how it is processed.

"States have been leaders in protecting Americans' privacy,” said Maureen Mahoney, Deputy Director of Policy and Legislation. “We urge federal policymakers to recognize the important value of state privacy protections in the face of rapidly evolving artificial intelligence technologies.”

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The California Privacy Protection Agency (CalPrivacy) is committed to promoting the education and awareness of consumers' privacy rights and businesses' responsibilities under the California Consumer Privacy Act and the Delete Act.

Individuals can visit Privacy.ca.gov to access helpful and up-to-date information on how to exercise their rights, protect their personal information, and learn about the Delete Request and Opt-out Platform (DROP). In addition, CalPrivacy's website provides important information about Board Meetings, announcements, and the rulemaking process.