California Privacy and AI: From Constitutional Right to Algorithmic Fight

California has been shaping the future of privacy law for more than fifty years. What began as a constitutional amendment recognizing privacy as an inalienable right in the 1970s has evolved into the most influential state privacy regime in the United States. From early court decisions defining the scope of informational privacy to the sweeping regulatory frameworks of the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), California has repeatedly set the national standard. Now, artificial intelligence, automated decision-making systems, and algorithmic profiling are pushing privacy law into unfamiliar territory. Regulators, lawmakers, and courts are beginning to grapple with how existing privacy frameworks apply to AI systems, and what new rules may be necessary.

This program provides attorneys with a practical and forward-looking overview of the origins of privacy rights in the California Constitution; the court decisions that shaped modern privacy doctrine; how the CCPA and CPRA transformed consumer privacy regulation; emerging California laws and regulatory initiatives further articulate California's privacy goals and govern artificial intelligence; and the legal risks and compliance challenges organizations should be preparing for now.

Attorneys advising companies “operating” in California, or handling technology, consumer protection, and data governance issues, should understand where the law has been, where it is today, and where it is headed next. Attorneys at all levels of practice will gain valuable skills from this course.

Learning Objectives:

1. Trace the development of California privacy law from the 1972 constitutional amendment through modern statutory frameworks.
2. Identify key judicial decisions that shaped California’s constitutional privacy doctrine.
3. Explain the structure and compliance obligations created by the CCPA and CPRA.
4. Evaluate emerging California regulatory activity and legislation addressing artificial intelligence and automated decision-making.
5. Assess legal risks and future compliance challenges for organizations operating in California’s evolving privacy and AI landscape.