CA AB 1008 (CCPA + AI)

California AB 1008 (2024) — CCPA Applies to AI-Embedded Personal Information
CA · Cal. Civ. Code § 1798.140; AB 1008 (Stats. 2024, ch. 853)

Status
In effect
Took effect
January 1, 2025
Applies to
Businesses subject to the CCPA developing or deploying AI
Enforced by
California Privacy Protection Agency; California Attorney General

California clarified that personal information remains protected by the CCPA even when it is embedded in or generated by AI systems — including model weights and AI-generated synthetic content about a person. Closes a loophole AI developers had used to argue training data and model outputs fell outside privacy law.

Who is protected: California consumers whose personal information is embedded in or output by AI systems

Legal detail

Cal. Civ. Code § 1798.140 amendments (AB 1008, ch. 853, Stats. 2024) — clarifies that 'personal information' under CCPA includes information embedded in artificial intelligence systems and may exist in 'physical or digital formats including but not limited to AI systems capable of outputting personal information.' Eff. Jan. 1, 2025.

Key facts

JurisdictionCA
LevelState
StrengthModerate
EnactedSeptember 28, 2024
CitationCal. Civ. Code § 1798.140; AB 1008 (Stats. 2024, ch. 853)
Private right of actionYes, individuals can sue
PenaltiesCCPA fines up to $2,500/$7,500 per violation; private right limited to data-breach claims
Topicsconsumer data privacy · consumer protection · automated decision-making
StatuteCalifornia AB 1008 — Consumer Privacy Act Clarification (AI)

More AI rules in CA

Related consumer data privacy rules elsewhere

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