State Lawmakers Explored A Wide Range of Technology and Privacy Issues in 2023

This article is part of our latest series: Major Issue Trends in 2023: State Legislative Recap. In this series, our experts examine the high-level legislative trends they saw in the 2023 state sessions. In addition to discussing the most prevalent issues considered by state policymakers, they explore some of the more surprising emerging trends we noticed, plus what to expect in 2024 for many of these policy areas. The series will be released during November and December, with new articles each week. Explore the full series here, and be sure to sign up for our email list so you don’t miss out on any articles (check the “Blog Posts” box).

In addition to comprehensive privacy legislation (read our other article diving into this issue here)., state legislatures considered several other privacy-related issues in their 2023 sessions. Lawmakers addressed consumer health data privacy, the ethics and use of artificial intelligence in hiring and political campaigns, and cybersecurity. 

Consumer Health Data Privacy

In reaction to the U.S. Supreme Court’s decision in Dobbs, which overturned the right to an abortion established in Roe vs. Wade, some states took action to protect consumer health data. These laws arose as some states indicated they may seek to criminalize traveling out of state to obtain an abortion. In Washington, the My Health My Data Act prohibits the collection or sharing of consumer health data without consent. This law effectively prohibits out-of-state law enforcement authorities from requiring companies in Washington to provide data that could indicate that an individual traveled to the state to receive an abortion. New York, Nevada, and Connecticut followed with similar laws restricting the sharing of health data. In 2024, expect states to continue debating various issues related to health data, particularly as it relates to reproductive rights.

Studying Artificial Intelligence (and Ethics of AI)

In 2023, states also began seriously looking at artificial intelligence (AI) as companies released AI chatbots such as OpenAI’s ChatGPT and Google’s Bard. In 2023, 31 states considered AI legislation. Many states considered establishing a commission or task force to examine various issues related to AI. Bills in Illinois and Texas made it across the finish line by forming new bodies to study AI and create codes of ethics and a bill of rights for the use of AI.  

Regulating AI and Its Specific Uses (Hiring and Political Communications)

While some states sought to study AI, others began focusing on AI’s specific uses. On the local level, New York City issued regulations for a 2021 bill regarding the use of AI in hiring that went into effect, and on the state level, lawmakers in New York introduced a bill seeking to regulate AI hiring throughout the state shortly after. The use of AI in the provision of mental health services has also caught the attention of lawmakers, with Massachusetts, Rhode Island, and Texas introducing bills seeking to regulate the use of AI in mental health services. Additionally, New York considered legislation that would require the disclosure of AI in political communications. As we approach the 2024 election, the use of AI in political campaigns will likely be widely discussed as experts have already expressed concern that the use of AI, in particular deepfake videos, could be a source of confusion and disinformation. As AI is incorporated into various products and services, expect states to take a role in regulating its use, particularly if the federal government fails to act quickly.

Cybersecurity

States also continue to reexamine and update cybersecurity laws. Cybersecurity has become increasingly important in recent years as more businesses collect and store an ever-growing amount of consumer data. Because of this, consumers are more vulnerable than ever when there is a data breach. Illinois, Rhode Island, and Pennsylvania made tweaks to cybersecurity laws this year by establishing new reporting and notification requirements, with Pennsylvania and Illinois focusing on establishing new requirements for the insurance industry. As we head into 2024, states will continue to reexamine existing cybersecurity laws and companies should keep abreast of any new or updated requirements for the collection and storage of data, as well as breach notification requirements. 

Tracking State Privacy Legislation 

MultiState’s team is actively identifying and tracking technology legislation so that businesses and organizations have the information they need to navigate and effectively engage. If your organization would like to further track privacy and technology, please contact us.