WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This chapter shall be known as the Digital Choice Act.
This section establishes the short title of the chapter as the Digital Choice Act. It creates no compliance obligations.
(a)–(j) For purposes of this chapter: (a) "Artificial intelligence modelArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a)" has the meaning defined in Section 22757.11. (b) "BusinessBusiness"Business" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(b)" has the meaning defined in Section 1798.140 of the Civil Code. (c) "ConsumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c)" has the meaning defined in Section 1798.140 of the Civil Code. (d) (1) "Contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d)" means information provided by a user to an artificial intelligence modelArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a) and any context or derivative data associated with the user's interactions with the artificial intelligence modelArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a), including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d)" does not include a deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e)'s trade secrets. (e) (1) "DeployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e)" means a person that makes an artificial intelligence modelArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a) available to a third party for use, modification, copying, or combination with other software. (2) "DeployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e)" does not include a person that interacts with artificial intelligence modelsArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a) solely through application programming interfaces, licensed services, prompting, or fine tuning. (f) "Open protocolOpen protocol"Open protocol" means a publicly available set of rules that enables interoperability and data exchange between social media platforms or deployers by providing a common data infrastructure by which multiple social media platforms or deployers can access a user's personal information that is free from licensing fees and patent restrictions.Bus. & Prof. Code § 22589.11(f)" means a publicly available set of rules that enables interoperability and data exchange between social media platformsSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j) or deployersDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) by providing a common data infrastructure by which multiple social media platformsSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j) or deployersDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) can access a user's personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g) that is free from licensing fees and patent restrictions. (g) "Personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g)" means any information that identifies or describes an individual. (h) (1) "Social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h)" means data that represents a person's connections and interactions within a social media platformSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j), including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h)" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages. (i) "Social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i)" has the meaning defined in Section 22675. (j) "Social media platformSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j)" has the meaning defined in Section 22675 of the BusinessBusiness"Business" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(b) and Professions Code.
This section defines the key terms used throughout the Digital Choice Act. The most operationally significant definitions are contextual data, which extends data portability to AI interaction data including prompts, conversational histories, and model-inferred data, and deployer, which covers persons making AI models available to third parties but excludes end users who merely interact through APIs, prompting, or fine-tuning. The social graph definition is expansive, encompassing not just connections but content, responses, metadata, and relational references.
(a)–(b) 1 A social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) or deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) shall allow a consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c) to request a copy of the consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c)'s personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d), and social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h). (b) If a consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c) requests a copy of the consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c)'s personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d), and social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) pursuant to subdivision (a), a social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) or deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) shall provide, within five businessBusiness"Business" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(b) days, the consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c)'s personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d), and social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) in a format that is all of the following: (1) Portable to the extent technically feasible. (2) Readily usable to the extent practicable. (3) In a form that allows the consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c) to transmit the data to another social media platformSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j) or deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) without impediment if the social media platformSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j) or deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) processes the data by automated means.
(c) 2 At the request of a consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c), a social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) shall permanently delete a user's personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), including the user's social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h), and relational references.
This section creates the bill's core data portability obligation. Social media companies and deployers must allow consumers to request copies of their personal information, contextual data, and social graph, and must fulfill those requests within five business days in a format that is portable, readily usable, and transmittable to competing platforms or deployers without impediment. Social media companies must also honor requests to permanently delete a user's personal information, social graph, and relational references.
The five-business-day turnaround is notably aggressive compared to the CCPA's 45-day window for consumer data requests, and the portability requirements go beyond static export by requiring a format suitable for automated transmission to competitors.
(a) 3 To the extent it is technically feasible, a social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) shall implement a transparent, third-party-accessible interoperability interface that allows a user to choose to do both of the following: (1) Share a covered user's social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) or user-selected parts of the social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) to a social media platformSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j) designated by the user. (2) Enable a third party to, with the user's permission, access social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) created by the user and be notified when a new or updated social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) is available.
(b) 4 To the extent it is technically feasible, a deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) shall implement a third-party-accessible interoperability interface to allow a user to share the user's contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d) directly with other artificial intelligence modelsArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a) as the user designates and enable those artificial intelligence modelsArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a) to be notified when new or updated data is available.
(c) 5 To comply with subdivisions (a) and (b), and to the extent it is technically feasible, a social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) shall do all of the following: (1) Utilize an open protocolOpen protocol"Open protocol" means a publicly available set of rules that enables interoperability and data exchange between social media platforms or deployers by providing a common data infrastructure by which multiple social media platforms or deployers can access a user's personal information that is free from licensing fees and patent restrictions.Bus. & Prof. Code § 22589.11(f). (2) Facilitate and maintain interoperability and continuous, real-time data sharing with other social media platformsSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j) or artificial intelligence modelsArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a) through an interoperability interface based on reasonable terms that do not discriminate. (3) Disclose to other social media companies or deployersDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) complete, accurate, and regularly updated documentation describing access to the interoperability interface required under this section.
(d) 6 A social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) or deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) shall reasonably secure a user's personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d), or social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) obtained through an interoperability interface.
(e) 7 A businessBusiness"Business" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(b) that accesses an interoperability interface shall take reasonable steps to meet platform integrity standards, including data security, data privacy, and abuse-mitigation practices necessary to preserve user protections and secure any data it acquires, processes, or transmits.
(f) 8 A social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i), deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e), or other controller shall not share or receive a user's personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d), or social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) through the interoperability interface without the user's consent.
(g) 9 A social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) or deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) shall adopt an accessible, prominent, and persistent method for users to give consent for data sharing with other social media platformsSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j) or deployersDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) through the interoperability interface.
(h) This section does not require a social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) to do any of the following: (1) Provide access to either of the following: (A) Inferences, analyses, or derived data that the social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) has generated internally about a user. (B) Proprietary algorithms, ranking systems, or other internal operating mechanisms. (2) Transmit personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d), or a social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) that is stored or structured in a proprietary format and with respect to that personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d), or social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h), both of the following apply: (A) An open, industry standard format is not reasonably available. (B) Transmitting the personal informationPersonal information"Personal information" means any information that identifies or describes an individual.Bus. & Prof. Code § 22589.11(g), contextual dataContextual data(1) "Contextual data" means information provided by a user to an artificial intelligence model and any context or derivative data associated with the user's interactions with the artificial intelligence model, including prompts, conversational histories, files, preferences, metadata, and any model-generated or inferred data linked to or generated from those interactions. (2) "Contextual data" does not include a deployer's trade secrets.Bus. & Prof. Code § 22589.11(d), or social graphSocial graph(1) "Social graph" means data that represents a person's connections and interactions within a social media platform, including all of the following: (A) The person's social connections with other users. (B) Content created by the person. (C) The person's responses to other users' content, including comments, reactions, mentions, reposts, shares, and other responses. (D) Other users' responses to the person's content. (E) Metadata associated with any of the items described in subparagraphs (A) to (D), inclusive. (F) Relational references sufficient to maintain the associations among data elements in the items described in subparagraphs (A) to (E), inclusive. (2) "Social graph" does not include another user's or an entity's content and responses that have been designated private by those users and entities, including private messages.Bus. & Prof. Code § 22589.11(h) would disclose information described in paragraph (1).
(i) 10 A businessBusiness"Business" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(b) that uses an artificial intelligence modelArtificial intelligence model"Artificial intelligence model" has the meaning defined in Section 22757.11.Bus. & Prof. Code § 22589.11(a) provided by a deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) to provide an application or a service to a consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c) shall promptly transmit a consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c)'s request to the deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) with sufficient information for the deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) to execute the request and communicate about the request with the consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c).
(j) 11 A third-party-accessible interoperability interface shall not collect, retain, use, sell, share, or otherwise access consumerConsumer"Consumer" has the meaning defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22589.11(c) data transferred between social media platformsSocial media platform"Social media platform" has the meaning defined in Section 22675 of the Business and Professions Code.Bus. & Prof. Code § 22589.11(j) pursuant to this section.
This is the bill's most operationally demanding section. It requires social media companies and deployers to build and maintain interoperability interfaces enabling real-time, ongoing data sharing — not merely one-time export. Social media companies must implement interfaces allowing users to share their social graph with other platforms and enabling third parties to receive notifications of updates. Deployers must implement parallel interfaces for contextual data (AI interaction data) portability between AI models.
Compliance requires using an open protocol free from licensing fees, maintaining real-time data sharing on nondiscriminatory terms, and publishing documentation for other platforms. Significant carve-outs protect proprietary algorithms, ranking systems, and internal inferences from disclosure. The section also imposes consent requirements — no data may flow through the interoperability interface without user consent — and requires downstream businesses using a deployer's AI model to transmit consumer portability requests to the deployer. Notably, the interoperability interface itself is prohibited from collecting, retaining, or using consumer data that passes through it.
(a)–(b) The Attorney General may adopt regulations to identify specific open protocolsOpen protocol"Open protocol" means a publicly available set of rules that enables interoperability and data exchange between social media platforms or deployers by providing a common data infrastructure by which multiple social media platforms or deployers can access a user's personal information that is free from licensing fees and patent restrictions.Bus. & Prof. Code § 22589.11(f) that the Attorney General has determined, after an assessment, meet the definition of "open protocolOpen protocol"Open protocol" means a publicly available set of rules that enables interoperability and data exchange between social media platforms or deployers by providing a common data infrastructure by which multiple social media platforms or deployers can access a user's personal information that is free from licensing fees and patent restrictions.Bus. & Prof. Code § 22589.11(f)" listed in Section 22589.11. (b) If a social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) uses an open protocolOpen protocol"Open protocol" means a publicly available set of rules that enables interoperability and data exchange between social media platforms or deployers by providing a common data infrastructure by which multiple social media platforms or deployers can access a user's personal information that is free from licensing fees and patent restrictions.Bus. & Prof. Code § 22589.11(f) that the Attorney General identifies under subdivision (a), the social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) shall be entitled to a rebuttable presumption that the social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) provides access on reasonable terms that do not discriminate.
This section authorizes the Attorney General to adopt regulations identifying specific open protocols that satisfy the bill's interoperability requirements. A social media company using an AG-identified protocol receives a rebuttable presumption that it provides access on reasonable, nondiscriminatory terms — functioning as a safe harbor for the interoperability compliance obligations in § 22589.13.
(a)–(c) The Attorney General shall enforce this chapter. (b) A social media companySocial media company"Social media company" has the meaning defined in Section 22675.Bus. & Prof. Code § 22589.11(i) or deployerDeployer(1) "Deployer" means a person that makes an artificial intelligence model available to a third party for use, modification, copying, or combination with other software. (2) "Deployer" does not include a person that interacts with artificial intelligence models solely through application programming interfaces, licensed services, prompting, or fine tuning.Bus. & Prof. Code § 22589.11(e) that violates this chapter shall be liable for an administrative fine of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation. (c) In a proceeding brought pursuant to this chapter, the Attorney General may petition for appropriate injunctive relief.
This section assigns enforcement authority exclusively to the Attorney General and establishes the penalty structure. Violations are subject to administrative fines of up to $2,500 per violation, escalating to $7,500 for intentional violations. The Attorney General may also petition for injunctive relief. No private right of action is created.