Legislative counsel flags data-privacy and AI as possible Institutions Committee responsibilities

Legislative counsel staff told the Senate Institutions Committee on Jan. 14 that data privacy, cybersecurity and artificial intelligence (AI) are likely to appear before the committee this session and that those topics present novel legal and constitutional issues.

"For this committee, the main thing is going to be information technology, possibly cybersecurity," said Rick Sengel, staff attorney with the Office of Legislative Counsel. Sengel said the committee may need to decide how to handle jurisdictional overlaps with other panels such as Economic Development and Government Operations.

Sengel said AI and data-privacy bills bring complex constitutional questions. "A lot of states and the federal government are grappling with this issue of, number one, what it can regulate, what can government actually do to regulate AI," he said, adding that efforts to address discriminatory harms must be narrowly tailored to avoid First Amendment problems.

Committee members asked whether the office handles bills connected to virtual enterprises and similar technology subjects; Sengel said his office does handle those bills and that John Gray handled data-privacy last session. Members were advised to consult legislative counsel when draft bills arrive so the committee can assess legal risks and jurisdictional fit.

No formal action or bill referrals were taken during the briefing; staff asked members to bring specific questions to future meetings and promised more detailed briefings if needed.