Connecticut’s attorney general recently issued an advisory emphasizing that current state laws apply to the use of artificial intelligence. This advisory is part of a growing trend, echoed in guidance from Oregon and New Jersey in late 2024 and early 2025, reminding businesses that the regulatory framework already in place governs AI applications. The Connecticut advisory specifically highlights four legal areas relevant to AI use: civil rights, privacy, consumer protection, and antitrust.
- Civil Rights: The advisory underscores that Connecticut’s anti-discrimination laws apply equally to decisions made by humans and algorithms. For instance, if AI is involved in discriminatory practices in hiring or housing, the existing laws empower the attorney general to conduct investigations and enforce regulations. This principle extends to discrimination in credit, insurance, healthcare, education, and public accommodations.
- Privacy: Regarding privacy, the advisory highlights that the Connecticut Data Privacy Act mandates data minimization and requires companies to provide clear and meaningful notices. Consent is also necessary for processing sensitive data. Furthermore, businesses are reminded that the Connecticut Data Privacy Act might necessitate data protection assessments when AI is used for profiling or automated processing that could pose a foreseeable risk to consumers. In addition, the advisory notes that Connecticut’s data breach notification law applies if personal information stored within an AI system is compromised during a security breach.
- Consumer Protection: The advisory offers examples of how the Connecticut Unfair Trade Practices Act may relate to AI. It warns companies against making misleading claims about AI capabilities or using AI-generated content to deceive consumers regarding endorsements or affiliations.
- Antitrust: The advisory specifies that the Connecticut Antitrust Act will regulate AI-driven pricing and market practices, including instances where algorithms are used to fix prices or segment markets unfairly.
Putting It Into Practice: This serves as another reminder that states are taking the enforcement of existing laws in the AI sector seriously. When developing onboarding processes for vetting AI tools, it’s essential to consider these legal implications.
