Kentucky is the latest state government in the United States seeking to get ahead of emerging AI technologies. House Bill 45 (HB45) aims to increase state residents’ privacy protections against intrusive technologies enabled by AI. The multifaceted legislation specifically targets the use of automated license plate readers, drones utilizing facial recognition, deep fake videos, implanted microchips, and location tracking.
One section focuses on limiting how automated license plate reader (ALPR) systems can gather and retain data on vehicle locations. The bill restricts entities like law enforcement from keeping ALPR data for more than 30 days, except for ongoing felony investigations or other specific circumstances. Sharing or selling the ALPR data would also be prohibited except with a subpoena or for law enforcement needs.
The proposed law also makes using drones for illegal surveillance illegal, which would include drones equipped with AI-powered facial recognition or other biometric identification technologies. Flying a drone over private property to record residents going about their daily lives would violate a reasonable expectation of privacy, according to the legislation. There are exceptions built in for utility inspections, cargo delivery, search warrants, and other authorized drone operations. Victims of violations could sue for damages under the bill.
HB45 also aims to ban deep fakes – sophisticated AI techniques that can create fake audio or video of someone doing or saying something they never actually did. The bill would prohibit disseminating deep fakes of someone without their written consent. Exceptions exist for law enforcement, medical uses, commercial sales with notice, and other specific circumstances. But in general, creating and distributing AI-generated deep fakes to harm someone would open an individual or company up to lawsuits for damages.
The legislation also takes aim at invasive bio-tracking technologies. It prohibits requiring someone to be implanted with a microchip or other identification device to track their location or personal information. Previous abuses of such chips in the workplace make this a privacy issue lawmakers want to address preemptively through the bill.
Finally, the proposed law enhances penalties for unlawfully using AI-enabled tracking devices to monitor someone’s location without their permission. Installing a tracking app on someone’s phone or placing a tracking device on their vehicle without consent would become a Class A misdemeanor.
If you’re wondering how HB45, or any other AI regulations and laws around the world, could impact you and your business, don’t hesitate to reach out to BABL AI. Their Audit Experts can answer your concerns and questions while offering valuable insight.
