PubLedge

Before granting any user access to ElizaChat app functionality, the participant must present a five-element disclosure — participant identity, GenAI use notice, testing-risk notice, data use and sharing practices, and OAIP complaint channel — in clear and conspicuous form, and must secure user acknowledgment before access is granted.

What Counts

• Participant name and contact information
• Notice that the user is interacting with generative AI pursuant to Utah Code §13-2-12(4) (now Chapter 75 post-SB 226)
• Notice that the app is in testing, may not function as intended, and may expose users to risks identified in the Testing Plan
• Description of how user data and correspondence will be used and shared
• OAIP complaint channel — phone number and/or website address provided by the Office
• User acknowledgment obtained before any functional access

What Does Not Count

• Partial disclosure missing any of the five elements
• Disclosure buried in a multi-screen terms-of-service flow without summary presentation
• Access granted before acknowledgment is captured
• Disclosure provided only on subsequent sessions

Implementing Legal Instruments