The state of Utah has enacted laws and/or issued guidance on Artificial Intelligence (AI). Companies subject to Utah law should be familiar with all relevant AI-related laws, regulations, and guidance, including those listed below.
Laws and Regulations
General
The Law establishes liability for use of AI that violates consumer protection laws if not properly disclosed. A person who provides services in an occupation regulated by the Department of Commerce must prominently disclose when a person is interacting with generative AI in the provision of regulated services.
The Law regulates the use of AI in consumer transactions, including the requirement for disclosures.
This law addresses non-consensual generation and distribution of counterfeit intimate images, and prohibits generation services and platforms from distributing counterfeit intimate images without obtaining and verifying consent from the depicted individual. The law also requires large online platforms to detect, disclose, and preserve provenance data in distributed content.
This amends state law to define the term of “apparent child sexual abuse material” to address material created or generated by AI that depicts realistic minors. The law creates a new offense for the distribution of apparent child sexual abuse material in certain circumstances.
This amends state law to address issues related to the use and abuse of personal identity and digitally created content. In particular, this law provides that it is not a defense to a claim of libel or slander that the communication was created through generative AI, computer animation, digital manipulation, or any other technological means, or uses simulated or recreated content rather than actual recordings or images of an individual.
Elections
The following law applies in the context of elections in Utah.
The Law requires audio and visual communications, with regard to an election or ballot proposition, substantially produced by generative AI to include a specified disclaimer.
Health
The Law regulates mental health chatbots that use AI technology and includes provisions addressing the protection of personal information, restrictions on advertising, and disclosure requirements.
This law requires an insurer to post on the insurer’s website in a conspicuous location accessible by the general public a notice that the insurer uses AI in the insurer’s processes for reviewing an authorization request, if applicable. An insurer also will be required to disclose to the state insurance department, to each health care provider in the insurer’s network, and to each enrollee if the insurer uses AI in the insurer’s processes for reviewing an authorization request.
Intellectual Property
The Law modifies provisions relating to the unauthorized use of an individual’s personal identity, including use through AI technology.
