United States of America: Introduced AI Consent Act including new powers for the Federal Trade Commission (SB 3975)

On 19 March 2024, the Artificial Intelligence Consumer Opt-in, Notification, Standards, and Ethical Norms for Training (AI Consent Act/SB 3975) was introduced to the United States Senate. The Act would require online platforms to obtain consumers' consent in order to use, sell or share their personal data to train Artificial Intelligence (AI) models. The Act would grant the US Federal Trade Commission (FTC) enforcement authority over the obligations introduced by the Act. In particular, the Act would require the FTC to adopt regulations to increase transparency through disclosure obligations and measures related to data processing. Further, the Act would require the FTC to evaluate the technical feasibility of de-identifying data as well as effective measures to ensure the de-identification of consumer data.