Gen. Bus. Law § 1432(1)(a)-(l), (2)(a)-(b)
Plain Language
Developers of generative AI models or services made publicly available to New Yorkers — whether free or paid — must post detailed training data documentation on their website. The initial deadline is January 1, 2027, and updated documentation must be posted before each subsequent public release or substantial modification. The documentation must include a high-level summary covering twelve enumerated categories: dataset sources/owners, purpose alignment, data volume, data types, IP status (copyright/trademark/patent or public domain), licensing status, presence of personal information or PII, presence of aggregate consumer information, any cleaning or processing performed, data collection timeframes, dates datasets were first used, and use of synthetic data generation. The obligation applies retroactively to models released on or after January 1, 2022. Two narrow exemptions apply: AI solely for aircraft operation in national airspace, and AI developed for national security/military/defense purposes available only to federal entities. The definition of 'train' is broad — it includes testing, validating, and fine-tuning, meaning documentation must cover data used in all phases of model development.
Statutory Text
1. On or before January first, two thousand twenty-seven, and prior to each time thereafter that a generative artificial intelligence model or service, or a substantial modification to a generative artificial intelligence model or service, released on or after January first, two thousand twenty-two, is made publicly available to New Yorkers for use, regardless of whether the terms of such use include compensation, the developer of such model or service shall post on the developer's website documentation regarding the data used by the developer to train the generative artificial intelligence model or service, including a high-level summary of the datasets used in the development of the generative artificial intelligence model or service, including, but not limited to:
(a) the sources or owners of the datasets;
(b) a description of how the datasets further the intended purpose of the artificial intelligence model or service;
(c) the number of data points included in the datasets, which may be in general ranges, and with estimated figures for dynamic datasets;
(d) a description of the types of data points within the datasets. For purposes of this paragraph, the following definitions apply:
(i) as applied to datasets that include labels, "types of data points" means the types of labels used; and
(ii) as applied to datasets without labeling, "types of data points" refers to the general characteristics;
(e) whether the datasets include any data protected by copyright, trademark, or patent, or whether the datasets are entirely in the public domain;
(f) whether the datasets were purchased or licensed by the developer;
(g) whether the datasets include personal information or personal identifying information, as defined in section eight hundred ninety-nine-aaa of this chapter;
(h) whether the datasets include aggregate consumer information;
(i) whether there was any cleaning, processing, or other modification to the datasets by the developer, including the intended purpose of those efforts in relation to the artificial intelligence model or service;
(j) the time period during which the data in the datasets were collected, including a notice if the data collection is ongoing;
(k) the dates the datasets were first used during the development of the artificial intelligence model or service; and
(l) whether the generative artificial intelligence model or service used or continuously uses synthetic data generation in its development. A developer may include a description of the functional need or desired purpose of the synthetic data in relation to the intended purpose of the model or service.
2. A developer shall not be required to post documentation regarding the data used to train a generative artificial intelligence model or service for any of the following:
(a) A generative artificial intelligence model or service whose sole purpose is the operation of aircraft in the national airspace; or
(b) A generative artificial intelligence model or service developed for national security, military, or defense purposes that is made available only to a federal entity.