WHAT THIS BILL REGULATES · 7 REQUIREMENT TYPES
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.
(1)–(18) As used in this Chapter, the following terms have the following meanings: (1) "AdvertisementAdvertisement"Advertisement" means a written or oral statement, illustration, or depiction promoting the sale or use of a good or service or designed to increase interest in a brand, good, or service if that statement, illustration, or depiction is displayed in exchange for monetary or other valuable consideration, including access to data, between a chatbot provider and the brand, good, or service.R.S. 51:3301(1)" means a written or oral statement, illustration, or depiction promoting the sale or use of a good or service or designed to increase interest in a brand, good, or service if that statement, illustration, or depiction is displayed in exchange for monetary or other valuable consideration, including access to data, between a chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) and the brand, good, or service. (2)(a) "Affirmative consentAffirmative consent"Affirmative consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous consent for an act or practice in response to a specific request from a chatbot if all of the following apply with regard to the request: (i) The request is provided to the user in a clear and conspicuous standalone disclosure. (ii) The request includes a description, written in easy-to-understand language, of the act or practice for which the user's consent is sought. (iii) The request is made in a manner reasonably accessible to and usable by a user with a disability. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) An option to refuse consent is provided and at least as prominent as the option to give consent and takes the same number of steps or fewer as the option to give consent. "Affirmative consent" does not include any of the following: (i) Acceptance of a general or broad terms of use or similar document. (ii) Hovering over, muting, pausing, or closing a given piece of content. (iii) Agreement obtained through the use of a false, fraudulent, or materially misleading statement or representation. (iv) Agreement obtained through the use of a dark pattern. (v) Inference of consent from the inaction of the user or the user's continued use of a chatbot provided by the chatbot provider.R.S. 51:3301(2)" means a clear affirmative act signifying a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s freely given, specific, informed, and unambiguous consent for an act or practice in response to a specific request from a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) if all of the following apply with regard to the request: (i) The request is provided to the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) in a clear and conspicuous standalone disclosure. (ii) The request includes a description, written in easy-to-understand language, of the act or practice for which the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s consent is sought. (iii) The request is made in a manner reasonably accessible to and usable by a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) with a disability. (iv) The request is made available to the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) in each language in which the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) provides a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3). (v) An option to refuse consent is provided and at least as prominent as the option to give consent and takes the same number of steps or fewer as the option to give consent. (b) "Affirmative consentAffirmative consent"Affirmative consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous consent for an act or practice in response to a specific request from a chatbot if all of the following apply with regard to the request: (i) The request is provided to the user in a clear and conspicuous standalone disclosure. (ii) The request includes a description, written in easy-to-understand language, of the act or practice for which the user's consent is sought. (iii) The request is made in a manner reasonably accessible to and usable by a user with a disability. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) An option to refuse consent is provided and at least as prominent as the option to give consent and takes the same number of steps or fewer as the option to give consent. "Affirmative consent" does not include any of the following: (i) Acceptance of a general or broad terms of use or similar document. (ii) Hovering over, muting, pausing, or closing a given piece of content. (iii) Agreement obtained through the use of a false, fraudulent, or materially misleading statement or representation. (iv) Agreement obtained through the use of a dark pattern. (v) Inference of consent from the inaction of the user or the user's continued use of a chatbot provided by the chatbot provider.R.S. 51:3301(2)" does not include any of the following: (i) Acceptance of a general or broad terms of use or similar document. (ii) Hovering over, muting, pausing, or closing a given piece of content. (iii) Agreement obtained through the use of a false, fraudulent, or materially misleading statement or representation. (iv) Agreement obtained through the use of a dark patternDark pattern"Dark pattern" means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice, including but not limited to any practice the Federal Trade Commission refers to as a "dark pattern".R.S. 51:3301(7). (v) Inference of consent from the inaction of the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) or the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s continued use of a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) provided by the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5). (3) "ChatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3)" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation. (4) "Chat logChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4)" means input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9), an output generated by a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3), or a record of the input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) or output data from a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s interaction with a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3). (5) "Chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5)" means a person who creates, distributes, or otherwise makes available a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3). (6) "CollectCollect"Collect" or "collecting" means creating, buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring personal data or input data by any means through an individual's use of a chatbot.R.S. 51:3301(6)" or "collecting" means creating, buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) or input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) by any means through an individual's use of a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3). (7) "Dark patternDark pattern"Dark pattern" means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice, including but not limited to any practice the Federal Trade Commission refers to as a "dark pattern".R.S. 51:3301(7)" means a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) interface designed or manipulated with the substantial effect of subverting or impairing userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) autonomy, decision-making or choice, including but not limited to any practice the Federal Trade Commission refers to as a "dark patternDark pattern"Dark pattern" means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice, including but not limited to any practice the Federal Trade Commission refers to as a "dark pattern".R.S. 51:3301(7)". (8) "De-identified dataDe-identified data"De-identified data" means information that cannot reasonably be used to infer or derive the identity of an individual or does not identify and is not linked or reasonably linkable to an individual or a device that identifies or is linked or reasonably linkable to such individual, regardless of whether the information is aggregated, if the chatbot provider does all of the following: (a) Taking such physical, administrative, and technical measures as are necessary to ensure that the information cannot be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual. (b) Committing publicly in a clear and conspicuous manner to do all of the following: (i) Process, retain, or transfer the information solely in a de-identified form without any reasonable means for re-identification. (ii) Not attempt to re-identify the information with any individual or device that identifies or is linked or reasonably linkable to an individual. (c) Contractually obligate any entity that receives the information from the chatbot provider to do all of the following: (i) Comply with the provisions of this Paragraph or Subsection with respect to the information. (ii) Require that the contractual obligations be included in all subsequent instances in which the data may be received.R.S. 51:3301(8)" means information that cannot reasonably be used to infer or derive the identity of an individual or does not identify and is not linked or reasonably linkable to an individual or a device that identifies or is linked or reasonably linkable to such individual, regardless of whether the information is aggregated, if the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) does all of the following: (a) Taking such physical, administrative, and technical measures as are necessary to ensure that the information cannot be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual. (b) Committing publicly in a clear and conspicuous manner to do all of the following: (i) ProcessProcess"Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data, input data, or sets of personal data or input data, including the use, storage, disclosure, analysis, deletion, or modification of the data.R.S. 51:3301(13), retain, or transfer the information solely in a de-identified form without any reasonable means for re-identification. (ii) Not attempt to re-identify the information with any individual or device that identifies or is linked or reasonably linkable to an individual. (c) Contractually obligate any entity that receives the information from the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) to do all of the following: (i) Comply with the provisions of this Paragraph or Subsection with respect to the information. (ii) Require that the contractual obligations be included in all subsequent instances in which the data may be received. (9) "Input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9)" means information, including text, photos, audio, video, or files, provided to a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) by a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17). (10) "ModelModel"Model" means an engineered or machine-based system underlying a chatbot that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.R.S. 51:3301(10)" means an engineered or machine-based system underlying a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (11)(a) "Personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11)" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. (b) "Personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11)" does not include de-identified dataDe-identified data"De-identified data" means information that cannot reasonably be used to infer or derive the identity of an individual or does not identify and is not linked or reasonably linkable to an individual or a device that identifies or is linked or reasonably linkable to such individual, regardless of whether the information is aggregated, if the chatbot provider does all of the following: (a) Taking such physical, administrative, and technical measures as are necessary to ensure that the information cannot be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual. (b) Committing publicly in a clear and conspicuous manner to do all of the following: (i) Process, retain, or transfer the information solely in a de-identified form without any reasonable means for re-identification. (ii) Not attempt to re-identify the information with any individual or device that identifies or is linked or reasonably linkable to an individual. (c) Contractually obligate any entity that receives the information from the chatbot provider to do all of the following: (i) Comply with the provisions of this Paragraph or Subsection with respect to the information. (ii) Require that the contractual obligations be included in all subsequent instances in which the data may be received.R.S. 51:3301(8) or publicly available informationPublicly available information"Publicly available information" means information that has been lawfully made available to the general public from any of the following: (i) Federal, state, or municipal government records, if the person collecting, processing, or transferring the information does so in accordance with a restriction or term of use placed on the information by the relevant government entity. (ii) Widely distributed media. (iii) A disclosure to the general public required by federal, state, or local law. "Publicly available information" does not include any of the following: (i) An obscene visual depiction as defined in 18 U.S.C. 1460. (ii) Biometric data. (iii) Personal data that is created through the combination of personal data with publicly available information. (iv) Information collated and combined to create user profiles on publicly available or subscription-based websites and inferences generated from the information. (v) Genetic data, unless otherwise made publicly available by the individual to whom the information pertains. (vi) Information made available by a user on a website or online service made available to all members of the public, for free or for a fee, on which the user has restricted the information to a specific audience. (vii) An intimate image, whether authentic or computer-generated, known to be nonconsensual.R.S. 51:3301(12). (12)(a) "Publicly available informationPublicly available information"Publicly available information" means information that has been lawfully made available to the general public from any of the following: (i) Federal, state, or municipal government records, if the person collecting, processing, or transferring the information does so in accordance with a restriction or term of use placed on the information by the relevant government entity. (ii) Widely distributed media. (iii) A disclosure to the general public required by federal, state, or local law. "Publicly available information" does not include any of the following: (i) An obscene visual depiction as defined in 18 U.S.C. 1460. (ii) Biometric data. (iii) Personal data that is created through the combination of personal data with publicly available information. (iv) Information collated and combined to create user profiles on publicly available or subscription-based websites and inferences generated from the information. (v) Genetic data, unless otherwise made publicly available by the individual to whom the information pertains. (vi) Information made available by a user on a website or online service made available to all members of the public, for free or for a fee, on which the user has restricted the information to a specific audience. (vii) An intimate image, whether authentic or computer-generated, known to be nonconsensual.R.S. 51:3301(12)" means information that has been lawfully made available to the general public from any of the following: (i) Federal, state, or municipal government records, if the person collecting, processing, or transferring the information does so in accordance with a restriction or term of use placed on the information by the relevant government entity. (ii) Widely distributed mediaWidely distributed media"Widely distributed media" means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis. "Widely distributed media" does not include an obscene visual depiction as defined in 18 U.S.C. 1460.R.S. 51:3301(18). (iii) A disclosure to the general public required by federal, state, or local law. (b) "Publicly available informationPublicly available information"Publicly available information" means information that has been lawfully made available to the general public from any of the following: (i) Federal, state, or municipal government records, if the person collecting, processing, or transferring the information does so in accordance with a restriction or term of use placed on the information by the relevant government entity. (ii) Widely distributed media. (iii) A disclosure to the general public required by federal, state, or local law. "Publicly available information" does not include any of the following: (i) An obscene visual depiction as defined in 18 U.S.C. 1460. (ii) Biometric data. (iii) Personal data that is created through the combination of personal data with publicly available information. (iv) Information collated and combined to create user profiles on publicly available or subscription-based websites and inferences generated from the information. (v) Genetic data, unless otherwise made publicly available by the individual to whom the information pertains. (vi) Information made available by a user on a website or online service made available to all members of the public, for free or for a fee, on which the user has restricted the information to a specific audience. (vii) An intimate image, whether authentic or computer-generated, known to be nonconsensual.R.S. 51:3301(12)" does not include any of the following: (i) An obscene visual depiction as defined in 18 U.S.C. 1460. (ii) Biometric data. (iii) Personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) that is created through the combination of personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) with publicly available informationPublicly available information"Publicly available information" means information that has been lawfully made available to the general public from any of the following: (i) Federal, state, or municipal government records, if the person collecting, processing, or transferring the information does so in accordance with a restriction or term of use placed on the information by the relevant government entity. (ii) Widely distributed media. (iii) A disclosure to the general public required by federal, state, or local law. "Publicly available information" does not include any of the following: (i) An obscene visual depiction as defined in 18 U.S.C. 1460. (ii) Biometric data. (iii) Personal data that is created through the combination of personal data with publicly available information. (iv) Information collated and combined to create user profiles on publicly available or subscription-based websites and inferences generated from the information. (v) Genetic data, unless otherwise made publicly available by the individual to whom the information pertains. (vi) Information made available by a user on a website or online service made available to all members of the public, for free or for a fee, on which the user has restricted the information to a specific audience. (vii) An intimate image, whether authentic or computer-generated, known to be nonconsensual.R.S. 51:3301(12). (iv) Information collated and combined to create userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) profiles on publicly available or subscription-based websites and inferences generated from the information. (v) Genetic data, unless otherwise made publicly available by the individual to whom the information pertains. (vi) Information made available by a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) on a website or online service made available to all members of the public, for free or for a fee, on which the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) has restricted the information to a specific audience. (vii) An intimate image, whether authentic or computer-generated, known to be nonconsensual. (13) "ProcessProcess"Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data, input data, or sets of personal data or input data, including the use, storage, disclosure, analysis, deletion, or modification of the data.R.S. 51:3301(13)" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11), input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9), or sets of personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) or input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9), including the use, storage, disclosure, analysis, deletion, or modification of the data. (14)(a) "ProfilingProfiling"Profiling" means a process performed on input data or personal data to detect and classify or designate personality and behavioral characteristics of an individual. "Profiling" does not include the process of chat logs for purposes of user safety or to otherwise comply with this Chapter.R.S. 51:3301(14)" means a processProcess"Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data, input data, or sets of personal data or input data, including the use, storage, disclosure, analysis, deletion, or modification of the data.R.S. 51:3301(13) performed on input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) or personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) to detect and classify or designate personality and behavioral characteristics of an individual. (b) "ProfilingProfiling"Profiling" means a process performed on input data or personal data to detect and classify or designate personality and behavioral characteristics of an individual. "Profiling" does not include the process of chat logs for purposes of user safety or to otherwise comply with this Chapter.R.S. 51:3301(14)" does not include the processProcess"Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data, input data, or sets of personal data or input data, including the use, storage, disclosure, analysis, deletion, or modification of the data.R.S. 51:3301(13) of chat logsChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) for purposes of userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) safety or to otherwise comply with this Chapter. (15)(a) "SellSell"Sell" means the exchange of personal data or input data for monetary or other valuable consideration, or an offer of that data or of the use of that data by the chatbot provider to a third party. "Sell" does not include any of the following: (i) Disclosure of personal data or input data to a third party that processes the data on behalf of the chatbot provider. (ii) With the user's affirmative consent, disclosure of personal data or input data where the user affirmatively directs the chatbot provider to disclose the data or intentionally uses the chatbot provider to interact with a third party. (iii) Disclosure of personal data that the user intentionally made available to the general public via a channel of mass media, or did not restrict to a specific audience.R.S. 51:3301(15)" means the exchange of personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) or input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) for monetary or other valuable consideration, or an offer of that data or of the use of that data by the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) to a third party. (b) "SellSell"Sell" means the exchange of personal data or input data for monetary or other valuable consideration, or an offer of that data or of the use of that data by the chatbot provider to a third party. "Sell" does not include any of the following: (i) Disclosure of personal data or input data to a third party that processes the data on behalf of the chatbot provider. (ii) With the user's affirmative consent, disclosure of personal data or input data where the user affirmatively directs the chatbot provider to disclose the data or intentionally uses the chatbot provider to interact with a third party. (iii) Disclosure of personal data that the user intentionally made available to the general public via a channel of mass media, or did not restrict to a specific audience.R.S. 51:3301(15)" does not include any of the following: (i) Disclosure of personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) or input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) to a third party that processesProcess"Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data, input data, or sets of personal data or input data, including the use, storage, disclosure, analysis, deletion, or modification of the data.R.S. 51:3301(13) the data on behalf of the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5). (ii) With the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s affirmative consentAffirmative consent"Affirmative consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous consent for an act or practice in response to a specific request from a chatbot if all of the following apply with regard to the request: (i) The request is provided to the user in a clear and conspicuous standalone disclosure. (ii) The request includes a description, written in easy-to-understand language, of the act or practice for which the user's consent is sought. (iii) The request is made in a manner reasonably accessible to and usable by a user with a disability. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) An option to refuse consent is provided and at least as prominent as the option to give consent and takes the same number of steps or fewer as the option to give consent. "Affirmative consent" does not include any of the following: (i) Acceptance of a general or broad terms of use or similar document. (ii) Hovering over, muting, pausing, or closing a given piece of content. (iii) Agreement obtained through the use of a false, fraudulent, or materially misleading statement or representation. (iv) Agreement obtained through the use of a dark pattern. (v) Inference of consent from the inaction of the user or the user's continued use of a chatbot provided by the chatbot provider.R.S. 51:3301(2), disclosure of personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) or input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) where the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) affirmatively directs the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) to disclose the data or intentionally uses the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) to interact with a third party. (iii) Disclosure of personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) that the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) intentionally made available to the general public via a channel of mass media, or did not restrict to a specific audience. (16)(a) "TrainingTraining"Training" means the use of input data to adjust or modify a model. "Training" does not include any of the following: (i) Testing to identify risks of harm to a user. (ii) Adjustments or modifications to address an identified risk of harm to a user. (iii) An action necessary to comply with this Chapter or otherwise required by law.R.S. 51:3301(16)" means the use of input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) to adjust or modify a modelModel"Model" means an engineered or machine-based system underlying a chatbot that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.R.S. 51:3301(10). (b) "TrainingTraining"Training" means the use of input data to adjust or modify a model. "Training" does not include any of the following: (i) Testing to identify risks of harm to a user. (ii) Adjustments or modifications to address an identified risk of harm to a user. (iii) An action necessary to comply with this Chapter or otherwise required by law.R.S. 51:3301(16)" does not include any of the following: (i) Testing to identify risks of harm to a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17). (ii) Adjustments or modifications to address an identified risk of harm to a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17). (iii) An action necessary to comply with this Chapter or otherwise required by law. (17) "UserUser"User" means a natural person, regardless of age.R.S. 51:3301(17)" means a natural person, regardless of age. (18) "Widely distributed mediaWidely distributed media"Widely distributed media" means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis. "Widely distributed media" does not include an obscene visual depiction as defined in 18 U.S.C. 1460.R.S. 51:3301(18)" means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis. "Widely distributed mediaWidely distributed media"Widely distributed media" means information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis. "Widely distributed media" does not include an obscene visual depiction as defined in 18 U.S.C. 1460.R.S. 51:3301(18)" does not include an obscene visual depiction as defined in 18 U.S.C. 1460.
This section establishes the defined terms used throughout the People's A.I. Act. Key definitions include chatbot (broadly covering any AI, algorithmic, or automated system that simulates interpersonal interaction), chatbot provider (any person who creates, distributes, or makes available a chatbot), and affirmative consent (which imposes rigorous procedural requirements including standalone disclosures, accessibility, multilingual availability, and equally prominent refusal options). The definition of training notably carves out safety testing and compliance-related adjustments, creating a safe harbor for harm-mitigation work on models.
A(1) 1 A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall not do any of the following: (1) ProcessProcess"Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data, input data, or sets of personal data or input data, including the use, storage, disclosure, analysis, deletion, or modification of the data.R.S. 51:3301(13) personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) other than input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) to inform chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) outputs unless the processing of personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) is necessary to fulfill an express request made by a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) and that userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) has provided affirmative consentAffirmative consent"Affirmative consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous consent for an act or practice in response to a specific request from a chatbot if all of the following apply with regard to the request: (i) The request is provided to the user in a clear and conspicuous standalone disclosure. (ii) The request includes a description, written in easy-to-understand language, of the act or practice for which the user's consent is sought. (iii) The request is made in a manner reasonably accessible to and usable by a user with a disability. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) An option to refuse consent is provided and at least as prominent as the option to give consent and takes the same number of steps or fewer as the option to give consent. "Affirmative consent" does not include any of the following: (i) Acceptance of a general or broad terms of use or similar document. (ii) Hovering over, muting, pausing, or closing a given piece of content. (iii) Agreement obtained through the use of a false, fraudulent, or materially misleading statement or representation. (iv) Agreement obtained through the use of a dark pattern. (v) Inference of consent from the inaction of the user or the user's continued use of a chatbot provided by the chatbot provider.R.S. 51:3301(2).
A(2)(a)–(c) 2 ProcessProcess"Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data, input data, or sets of personal data or input data, including the use, storage, disclosure, analysis, deletion, or modification of the data.R.S. 51:3301(13) a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s chat logChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) for any of the following purposes: (a) Determining whether to display an advertisementAdvertisement"Advertisement" means a written or oral statement, illustration, or depiction promoting the sale or use of a good or service or designed to increase interest in a brand, good, or service if that statement, illustration, or depiction is displayed in exchange for monetary or other valuable consideration, including access to data, between a chatbot provider and the brand, good, or service.R.S. 51:3301(1) for a product or service to the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17). (b) Determining a product, service, or category of product or service to advertise to the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17). (c) Customizing an advertisementAdvertisement"Advertisement" means a written or oral statement, illustration, or depiction promoting the sale or use of a good or service or designed to increase interest in a brand, good, or service if that statement, illustration, or depiction is displayed in exchange for monetary or other valuable consideration, including access to data, between a chatbot provider and the brand, good, or service.R.S. 51:3301(1) or the presentation of an advertisementAdvertisement"Advertisement" means a written or oral statement, illustration, or depiction promoting the sale or use of a good or service or designed to increase interest in a brand, good, or service if that statement, illustration, or depiction is displayed in exchange for monetary or other valuable consideration, including access to data, between a chatbot provider and the brand, good, or service.R.S. 51:3301(1) to the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17).
A(3)(a)–(b) 3 ProcessProcess"Process" or "processing" means an operation or set of operations performed, whether by manual or automated means, on personal data, input data, or sets of personal data or input data, including the use, storage, disclosure, analysis, deletion, or modification of the data.R.S. 51:3301(13) a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s chat logChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) or personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) in any of the following circumstances: (a) Without the affirmative consent of the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s parent or legal guardian, if the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) knows or should know, based on knowledge fairly implied on the basis of objective circumstances, that the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) is under eighteen years of age. (b) For trainingTraining"Training" means the use of input data to adjust or modify a model. "Training" does not include any of the following: (i) Testing to identify risks of harm to a user. (ii) Adjustments or modifications to address an identified risk of harm to a user. (iii) An action necessary to comply with this Chapter or otherwise required by law.R.S. 51:3301(16) purposes, if the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) knows or should know, based on knowledge fairly implied on the basis of objective circumstances, that the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) is under eighteen years of age.
A(3)(c)–(d) 4 For trainingTraining"Training" means the use of input data to adjust or modify a model. "Training" does not include any of the following: (i) Testing to identify risks of harm to a user. (ii) Adjustments or modifications to address an identified risk of harm to a user. (iii) An action necessary to comply with this Chapter or otherwise required by law.R.S. 51:3301(16) purposes, for a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) eighteen years of age or older, without first obtaining that userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s affirmative consentAffirmative consent"Affirmative consent" means a clear affirmative act signifying a user's freely given, specific, informed, and unambiguous consent for an act or practice in response to a specific request from a chatbot if all of the following apply with regard to the request: (i) The request is provided to the user in a clear and conspicuous standalone disclosure. (ii) The request includes a description, written in easy-to-understand language, of the act or practice for which the user's consent is sought. (iii) The request is made in a manner reasonably accessible to and usable by a user with a disability. (iv) The request is made available to the user in each language in which the chatbot provider provides a chatbot. (v) An option to refuse consent is provided and at least as prominent as the option to give consent and takes the same number of steps or fewer as the option to give consent. "Affirmative consent" does not include any of the following: (i) Acceptance of a general or broad terms of use or similar document. (ii) Hovering over, muting, pausing, or closing a given piece of content. (iii) Agreement obtained through the use of a false, fraudulent, or materially misleading statement or representation. (iv) Agreement obtained through the use of a dark pattern. (v) Inference of consent from the inaction of the user or the user's continued use of a chatbot provided by the chatbot provider.R.S. 51:3301(2). (d) To engage in profilingProfiling"Profiling" means a process performed on input data or personal data to detect and classify or designate personality and behavioral characteristics of an individual. "Profiling" does not include the process of chat logs for purposes of user safety or to otherwise comply with this Chapter.R.S. 51:3301(14) beyond what is necessary to fulfill an express request.
A(4) 5 Use any classification or designation of a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s personality or behavioral characteristics created through profilingProfiling"Profiling" means a process performed on input data or personal data to detect and classify or designate personality and behavioral characteristics of an individual. "Profiling" does not include the process of chat logs for purposes of user safety or to otherwise comply with this Chapter.R.S. 51:3301(14) beyond what is necessary to fulfill an express request made by a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17).
A(5) 6 SellSell"Sell" means the exchange of personal data or input data for monetary or other valuable consideration, or an offer of that data or of the use of that data by the chatbot provider to a third party. "Sell" does not include any of the following: (i) Disclosure of personal data or input data to a third party that processes the data on behalf of the chatbot provider. (ii) With the user's affirmative consent, disclosure of personal data or input data where the user affirmatively directs the chatbot provider to disclose the data or intentionally uses the chatbot provider to interact with a third party. (iii) Disclosure of personal data that the user intentionally made available to the general public via a channel of mass media, or did not restrict to a specific audience.R.S. 51:3301(15) a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s chat logsChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4).
A(6) 7 Retain a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s chat logChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) for more than ten years, unless retention is necessary to comply with this Chapter or as otherwise required by law.
A(7) 8 Discriminate against or retaliate against a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17), including by denying a product or service, charging a different price or rate for a product or service, or providing a lower quality product or service to the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17), for refusing to consent to the use of chat logsChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) or personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) for trainingTraining"Training" means the use of input data to adjust or modify a model. "Training" does not include any of the following: (i) Testing to identify risks of harm to a user. (ii) Adjustments or modifications to address an identified risk of harm to a user. (iii) An action necessary to comply with this Chapter or otherwise required by law.R.S. 51:3301(16) purposes.
B–B(2) 9 B. A userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) has the right to access, at any time, the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s own chat logsChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) that a chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) has retained in a portable and readily usable format. (1) Chat logsChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) shall be made available to usersUser"User" means a natural person, regardless of age.R.S. 51:3301(17) in a downloadable, human-readable, and machine-readable format. (2) A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall not discriminate against or retaliate against a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17), including by denying a product or service, charging a different price or rate for a product or service, or providing a lower quality product or service to the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17), for accessing the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s own chat logsChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4).
C C. A government entity shall not compel the production of or access to input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) or chat logsChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) from a chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5), except pursuant to a wiretap warrant as provided by the Louisiana Code of Criminal Procedure.
D 10 D. A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall develop, implement, and maintain a comprehensive data security program that contains administrative, technical, and physical safeguards proportionate to the volume and nature of the personal dataPersonal data"Personal data" means information, including derived data, inferences, or unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. "Personal data" does not include de-identified data or publicly available information.R.S. 51:3301(11) and chat logsChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) maintained by the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5). The program shall be written and made publicly available on the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5)'s website.
Section 3302 imposes the bill's core data privacy obligations on chatbot providers. It restricts the processing of personal data beyond input data to cases where affirmative consent is obtained for an express user request, categorically bars using chat logs for advertising purposes, and imposes heightened protections for minors — requiring parental consent for any processing and prohibiting training on minor data entirely. Adult users' data may be used for training only with affirmative consent. The section also limits profiling to what is necessary for express user requests and prohibits selling chat logs.
A maximum ten-year chat log retention limit applies, with an anti-retaliation provision protecting users who decline consent. Users have a right to access their own chat logs in portable, downloadable, human-readable, and machine-readable format. Government access to chat logs requires a wiretap warrant. Chatbot providers must develop, implement, and maintain a comprehensive written data security program, published on their website.
A(1)(a)–(e) 11 A.(1) A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall not use any term, letter, or phrase in the advertising, interface, or outputs of a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) that indicates or implies that any output data is being provided by, endorsed by, or equivalent to those provided by any of the following: (a) A licensed healthcare professional. (b) A licensed legal professional. (c) A licensed accounting professional. (d) A certified financial fiduciary or planner. (e) Another licensed or certified professional in this state.
A(2) 12 A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall not make a representation that a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17)'s input dataInput data"Input data" means information, including text, photos, audio, video, or files, provided to a chatbot by a user.R.S. 51:3301(9) or chat logChat log"Chat log" means input data, an output generated by a chatbot, or a record of the input data or output data from a user's interaction with a chatbot.R.S. 51:3301(4) is confidential.
A(3) A violation of this Subsection is a violation of applicable professional licensing laws, the Louisiana Unfair Trade Practices and Consumer Protection Law, and false advertising laws.
B(1)–(4) 13 B.(1) A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall provide clear, conspicuous, and explicit notice to a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) that the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) is interacting with a chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) rather than a human prior to the chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) generating an output, every hour thereafter, and each time a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) asks the chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) whether it is a real person. (2) This notice shall appear in text in the same language as the one in which the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) is interacting with the chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3), in a font size easily readable by an average userUser"User" means a natural person, regardless of age.R.S. 51:3301(17), and no smaller than the largest font size of other text appearing on the interface on which the chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) is provided. (3) This notice shall be made accessible to usersUser"User" means a natural person, regardless of age.R.S. 51:3301(17) with disabilities. (4) This notice shall comply with regulations promulgated by the attorney general as described in this Chapter.
Section 3303 imposes two categories of transparency obligations. Subsection A prohibits chatbot providers from using language in advertising, interfaces, or outputs that indicates or implies the chatbot's output is provided by, endorsed by, or equivalent to the services of a licensed or certified professional — covering healthcare, legal, accounting, financial, and all other licensed professions. It also prohibits representing that user input or chat logs are confidential. Violations are expressly deemed violations of professional licensing laws, the Louisiana Unfair Trade Practices and Consumer Protection Law, and false advertising laws.
Subsection B requires clear, conspicuous, and explicit notice that the user is interacting with a chatbot rather than a human at three trigger points: before the first output, every hour thereafter, and whenever a user asks whether the chatbot is a real person. The notice must be in the user's language, in a font at least as large as the largest other text on the interface, and accessible to users with disabilities.
A 14 A. A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall assess its chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) for risks of harm to a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) on a monthly basis, according to metrics as provided in rules to be promulgated by the attorney general, and shall mitigate risks of harm as provided in rules to be promulgated by the attorney general.
B 15 B. A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall make information about its chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) publicly available on its website on a monthly basis as provided in rules to be promulgated by the attorney general.
Section 3304 imposes two ongoing obligations on chatbot providers. First, chatbot providers must assess their chatbot for risks of harm to users on a monthly basis and mitigate identified risks, with both the metrics and mitigation requirements to be specified by attorney general rulemaking. Second, chatbot providers must publish information about their chatbot on their website on a monthly basis, again per attorney general rules. The substantive content of both obligations will depend heavily on the implementing regulations.
A(1)–(5) A. The attorney general shall promulgate rules or regulations to implement the provisions of this Chapter, including but not limited to the following: (1) Describing the form and content of the disclosures required under the transparency provisions of this Chapter. (2) Providing an example template for the disclosures required under the transparency provisions of this Chapter. (3) Describing risks of harm to a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) and the metrics that a chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall use to assess its chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) for risks of harm to a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) under the assessment provisions of this Chapter. (4) Identifying and describing categories of information that a chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) shall make publicly available about its chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) under the assessment provisions of this Chapter. (5) Updating annually the inflation-adjusted damages amount, consistent with the Consumer Price Index, as provided in the enforcement provisions of this Chapter.
B B. The attorney general may promulgate other rules and regulations necessary to implement the provisions of this Chapter.
Section 3305 delegates rulemaking authority to the attorney general to implement the Chapter's provisions. Required rules must address the form and content of user disclosures, provide example templates, describe the risk-of-harm metrics for monthly assessments, identify categories of publicly available chatbot information, and update the statutory damages amount annually for inflation consistent with the Consumer Price Index. The attorney general also has general authority to promulgate additional implementing rules.
A A. If a provision of this Chapter, or its application to a person or circumstance, is held invalid, the remainder of this Chapter and the application of the provision to other persons not similarly situated or to other circumstances is not affected by that invalidation.
B B. Nothing in this Chapter preempts or otherwise affects a right, claim, remedy, presumption, or defense available at law or in equity, including but not limited to anti-discrimination, consumer protection, labor, and civil rights laws.
Section 3306 contains a standard severability clause providing that if any provision is held invalid, the remainder of the Chapter is unaffected. It also includes a savings clause preserving all existing rights, claims, remedies, presumptions, or defenses at law or equity, including anti-discrimination, consumer protection, labor, and civil rights laws.
A 16 A. A chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) is a product for purposes of product liability actions.
B 16 B. A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) has a duty to ensure that the use of its chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) does not cause injury to a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17).
C–C(2) 16 C. A chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) is liable for any injury it caused a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) through the use of its chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3), even if any of the following occur: (1) The chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) exercised all reasonable care in the design and distribution of the chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3). (2) The chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) did not directly distribute the chatbotChatbot"Chatbot" means an artificial intelligence, algorithmic, or automated system that generates information via text, audio, image, or video in a manner that simulates interpersonal interaction or conversation.R.S. 51:3301(3) to the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) or otherwise enter into a contractual relationship with the userUser"User" means a natural person, regardless of age.R.S. 51:3301(17).
Section 3307 establishes an aggressive product liability framework for chatbots. It classifies chatbots as products for purposes of product liability actions, imposes a general duty on chatbot providers to ensure their chatbot does not cause injury to users, and creates strict liability — the provider is liable for any injury caused to a user through the use of its chatbot even if the provider exercised all reasonable care in design and distribution, and even if the provider did not directly distribute the chatbot to the user or enter into a contractual relationship with the user. This eliminates both the reasonable-care defense and the privity requirement.
A(1)–(4) A. The attorney general or a district attorney may bring a civil action against a chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5) that violates this Chapter to do any of the following: (1) Enjoin the act or practice that is in violation of this Chapter. (2) Enforce compliance with this Chapter or a rule adopted under this Chapter. (3) Obtain damages, civil penalties, restitution, or other remedies on behalf of the residents of this state. (4) Obtain reasonable attorney's fees and other litigation costs reasonably incurred.
B B. A violation of the data privacy and security or transparency provisions of this Chapter constitutes an injury-in-fact to a userUser"User" means a natural person, regardless of age.R.S. 51:3301(17).
C–C(5) C. A userUser"User" means a natural person, regardless of age.R.S. 51:3301(17) injured by a violation of the data privacy and security or transparency provisions of this Chapter may bring a civil action against the chatbot providerChatbot provider"Chatbot provider" means a person who creates, distributes, or otherwise makes available a chatbot.R.S. 51:3301(5), in which the court may award a prevailing plaintiff any of the following: (1) Statutory damages, as updated annually by the attorney general, as follows: (a) Five thousand dollars per violation, for any violation of the data privacy and security provisions of this Chapter, or actual damages, whichever is greater. (b) Five thousand dollars in total for all violations of the transparency provisions of this Chapter, or actual damages, whichever is greater. (2) Punitive damages, for reckless and knowing violations. (3) Injunctive relief. (4) Declaratory relief. (5) Reasonable attorney's fees and litigation costs.
Section 3308 establishes a dual enforcement framework. The attorney general or a district attorney may bring civil actions to enjoin violations, enforce compliance, obtain damages, civil penalties, restitution, or other remedies on behalf of state residents, and recover attorney's fees. Separately, the statute creates a private right of action for users injured by violations of the data privacy and security or transparency provisions (§§ 3302–3303). A violation of those provisions is deemed an injury-in-fact, eliminating standing barriers. Prevailing plaintiffs may recover statutory damages of $5,000 per violation for data privacy violations (or actual damages if greater), $5,000 in total for all transparency violations (or actual damages if greater), punitive damages for reckless and knowing violations, injunctive and declaratory relief, and attorney's fees and costs.