On April 16, 2024, the Massachusetts Attorney General (AG) issued an advisory to provide guidance to developers, suppliers, and users of artificial intelligence (AI) regarding their obligations under the State consumer protection, anti-discrimination, and data security laws in their application to emerging technologies, including AI systems.

While the AG acknowledged the benefits of AI systems in society, the advisory also sought to address the risks of AI by clarifying the application of existing laws and regulations to AI. Furthermore, the advisory presented a non-exhaustive list of acts and practices that may be considered unfair and deceptive under the Massachusetts Consumer Protection Act, including the false advertising of AI systems and the supply of defective AI systems.

Moreover, the AG clarified that the Massachusetts Anti-Discrimination Law prohibits AI developers, suppliers, and users from using technology that discriminates against individuals based on a legally protected characteristic, such as technology that relies on discriminatory inputs and/or produces discriminatory results that would violate the State's civil rights laws (i.e., algorithmic decision-making). Additionally, the AG reminded AI users, within this context, to take appropriate steps to safeguard personal data utilized by AI systems and comply with data breach notification requirements.

You can read the press release here and the advisory here.