Enacts the New York Artificial Intelligence Civil Rights Act establishing protections for individual rights with respect to computational algorithms; establishes protections against the use of algorithms involved in consequential decisions, such as those that impact people's rights, civil liberties, and livelihoods, including employment, banking, health care, the criminal justice system, public accommodations, and government services; prohibits developers and deployers from offering, licensing, or using covered algorithms that discriminate based on protected characteristics or that cause a disparate impact; requires developers and deployers of covered algorithms to complete independently audited pre-deployment evaluations and post-deployment impact assessments to identify, evaluate, and mitigate any potential biased use or discriminatory outcomes; requires developers and deployers to mitigate any harms identified by the pre-deployment evaluations and impact assessments and ensure that any covered algorithm performs reasonably well and is consistent with its publicly-advertised purpose; increases transparency around the use of covered algorithms in consequential decisions, including providing individuals a right to appeal an algorithmic decision to a human decision-maker; provides remedies for violations.
Impact
If enacted, A09654 will profoundly change the technological landscape in New York by enforcing stringent requirements for algorithm evaluation and transparency. Organizations deploying covered algorithms will be required to carry out pre-deployment evaluations, as well as annual impact assessments to identify any adverse effects. These evaluations must consider potential harms and discrepancies that can arise from algorithmic decision-making, ensuring that any biases are addressed proactively. This regulatory framework is designed to enhance accountability among developers and users of AI technologies, aiming to safeguard civil liberties in a digital age.
Summary
The New York Artificial Intelligence Civil Rights Act, referenced as A09654, aims to introduce significant regulatory oversight on the development and deployment of algorithms that make consequential decisions affecting individuals’ rights. This legislation establishes civil rights protections with respect to computational algorithms, explicitly addressing scenarios that may impact employment, banking, healthcare, and access to various government and public services. The bill seeks to prohibit discriminatory practices based on protected characteristics and mandates that developers and deployers conduct independent audits to assess the impacts of these algorithms on affected populations.
Contention
The bill has raised discussions on the balance between innovation in technology and the necessary safeguards against bias and discrimination. Proponents argue that protecting individuals from algorithmic harm is crucial, given the growing reliance on AI systems in pivotal areas of life. Detractors, however, may express concerns about the bureaucratic burden placed upon developers and deployers, arguing that excessive regulation could stifle innovation and slow advancements in AI technology. The division of responsibilities between developers and deployers highlighted in the bill also points to potential disputes regarding compliance and liability in cases of algorithmic failure or discrimination.
Creates a state office of algorithmic innovation to set policies and standards to ensure algorithms are safe, effective, fair, and ethical, and that the state is conducive to promoting algorithmic innovation.
Prohibits discrimination through the use of clinical algorithms; provides exceptions for clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.
Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.
Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.
Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.
Requesting The Hawaii Civil Rights Commission To Examine The Applicability Of Existing State Anti-discrimination Laws To Algorithmic And Automated Decision Systems.