Regulation Of AI Systems Is Already Here – Look To Data Protection Laws

As the scramble continues to reckon with the rapid advancement of generative artificial intelligence models like ChatGPT, Bard, DALL-E, and MidJourney, and the promise of other AI and machine learning systems (for simplicity, "AI systems") to come, legal and business professionals across industries are asking whether these systems will be regulated, and if so, how.

A partial answer is that some regulations are here already the form of U.S. and international privacy laws. And more are coming. While many government agencies, legislators, and industry groups have called for standardized AI best practices and further research through policy statements, privacy laws impose requirements on data collection, use, and sharing today. Privacy laws, for example, require organizations to publicly and specifically disclose some of their uses of AI systems and allow users to opt-out in certain cases. Privacy laws also may require organizations to disclose and respond to