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New 2026 Vermont laws expand AI, genetic and consumer data protections; implementation timelines set
Summary
The Office of Legislative Council briefed JITOC on several 2026 laws with IT implications: Act 75 (synthetic media disclosures in political ads), Act 101 (neurological rights and AI council extension), Act 135 (genetic data privacy), Act 138 (data broker rules and breach notices), and Act 145 (consumer data privacy with controller thresholds effective 2028).
The committee was briefed on a set of 2026 laws the legislative counsel identified as IT‑related. Rick Segal said Act 75 requires disclosure when AI is used to create political ads that depict a candidate or aim to unduly influence an election; such ads are not banned but must include a disclaimer. “If you use AI to make a ad that depicts a politician running for office ... you have to use a discloser that says this ad was created using AI,” he said.
Segal also summarized Act 101 (which recognizes neurological rights and extended the AI advisory council's sunset), Act 135 (consumer rights in direct‑to‑consumer genetic testing including deletion and sample destruction options), Act 138 (expanded definition and registration/fee structure for data brokers and added breach‑notice obligations), and Act 145 (a consumer data privacy law that defines controller thresholds — 35,000 consumers or 3,000 for sensitive data — and related consumer rights effective Jan. 1, 2028). He noted some provisions were converted to studies, report deadlines, or were narrowed from initial drafts.
Members asked how the new privacy constructs treat political actors and whether exemptions exist; counsel said determinations can be fact‑specific and some entities may be exempt, but the statutes create new transparency and reporting obligations that agencies and regulated entities will need to implement.
