WHAT THIS BILL REGULATES · 7 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(r) As used in this chapter: (a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 22756(a)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) (1) "Automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b)" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Bus. & Prof. Code § 22756(a) that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. (2) "Automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b)" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data. (c) "Consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c)" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training... (3) Housing and lodging... (4) Essential utilities... (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services... (8) The criminal justice system... (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections... (13) Access to government benefits or services... (14) Places of public accommodation... (15) Insurance. (16) Internet and telecommunications access. (d) "Covered automated decision systemCovered automated decision system"Covered automated decision system" or "covered ADS" means an automated decision system that is designed or used to make or facilitate a consequential decision.Bus. & Prof. Code § 22756(d)" or "covered ADS" means an automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b) that is designed or used to make or facilitate a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (e) "Credit scoreCredit score"Credit score" means a credit score, as defined in Section 1785.15.1 of the Civil Code, from a consumer credit reporting agency, as defined in Section 1785.3 of the Civil Code.Bus. & Prof. Code § 22756(e)" means a credit scoreCredit score"Credit score" means a credit score, as defined in Section 1785.15.1 of the Civil Code, from a consumer credit reporting agency, as defined in Section 1785.3 of the Civil Code.Bus. & Prof. Code § 22756(e), as defined in Section 1785.15.1 of the Civil Code... (f) "DeployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)" means a person, partnership, state or local government agency, corporation, or developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that uses a covered ADS to make or facilitate a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c), either directly or by contracting with a third party for that purpose. (g) "DeveloperDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)" means a person, partnership, state or local government agency, corporation, or deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that designs, codes, substantially modifies, or otherwise produces an automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b) that makes or facilitates a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c), either directly or by contracting with a third party for those purposes. (h) (1) "Developer-approved useDeveloper-approved use"Developer-approved use" means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision. "Developer-approved use" includes any reasonably foreseeable fine tuning of the covered ADS.Bus. & Prof. Code § 22756(h)" means a deployment context in which a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) intends a covered ADS to make or facilitate a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (2) "Developer-approved useDeveloper-approved use"Developer-approved use" means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision. "Developer-approved use" includes any reasonably foreseeable fine tuning of the covered ADS.Bus. & Prof. Code § 22756(h)" includes any reasonably foreseeable fine tuning of the covered ADS. (i) "Disparate impactDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i)" means a differential effect on a group of individuals who share a protected characteristicProtected characteristic"Protected characteristic" means a characteristic listed in subdivision (b) of Section 51 of the Civil Code.Bus. & Prof. Code § 22756(p). (j) "Disparate treatmentDisparate treatment"Disparate treatment" means differential treatment of an individual or group of individuals on the basis of a protected characteristic.Bus. & Prof. Code § 22756(j)" means differential treatment of an individual or group of individuals on the basis of a protected characteristicProtected characteristic"Protected characteristic" means a characteristic listed in subdivision (b) of Section 51 of the Civil Code.Bus. & Prof. Code § 22756(p). (k) "Employment-related decision" means a decision made by an employer, either directly or through a third party, that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks and responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, or other terms or conditions of employment. (l) (1) "Express consentExpress consent"Express consent" means an affirmative written authorization that is granted in response to a notice that is all of the following: (A) Clear, meaningful, and prominent. (B) Conveyed in a manner that a natural person would notice and understand it. (C) Not contained within a more general notice, agreement, or set of terms and conditions. "Express consent" does not mean an authorization that is either of the following: (A) Inferred from inaction. (B) Obtained through the use of a dark pattern, as defined in Section 56.18 of the Civil Code.Bus. & Prof. Code § 22756(l)" means an affirmative written authorization that is granted in response to a notice that is all of the following: (A) Clear, meaningful, and prominent. (B) Conveyed in a manner that a natural person would notice and understand it. (C) Not contained within a more general notice, agreement, or set of terms and conditions. (2) "Express consentExpress consent"Express consent" means an affirmative written authorization that is granted in response to a notice that is all of the following: (A) Clear, meaningful, and prominent. (B) Conveyed in a manner that a natural person would notice and understand it. (C) Not contained within a more general notice, agreement, or set of terms and conditions. "Express consent" does not mean an authorization that is either of the following: (A) Inferred from inaction. (B) Obtained through the use of a dark pattern, as defined in Section 56.18 of the Civil Code.Bus. & Prof. Code § 22756(l)" does not mean an authorization that is either of the following: (A) Inferred from inaction. (B) Obtained through the use of a dark pattern, as defined in Section 56.18 of the Civil Code. (m) "Fine-tuneFine-tune"Fine-tune" means to adjust the model parameters of an automated decision system through exposure to additional data.Bus. & Prof. Code § 22756(m)" means to adjust the model parameters of an automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b) through exposure to additional data. (n) "Labor Commissioner" means Chief of the Division of Labor Standards Enforcement. (o) "Personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o)" has the same meaning as defined in Section 1798.140 of the Civil Code. (p) "Protected characteristicProtected characteristic"Protected characteristic" means a characteristic listed in subdivision (b) of Section 51 of the Civil Code.Bus. & Prof. Code § 22756(p)" means a characteristic listed in subdivision (b) of Section 51 of the Civil Code. (q) (1) "Substantial modificationSubstantial modification"Substantial modification" means a new version, release, update, or other modification to a covered ADS that materially changes its uses or outputs. "Substantial modification" does not mean a modification that results from fine tuning.Bus. & Prof. Code § 22756(q)" means a new version, release, update, or other modification to a covered ADS that materially changes its uses or outputs. (2) "Substantial modificationSubstantial modification"Substantial modification" means a new version, release, update, or other modification to a covered ADS that materially changes its uses or outputs. "Substantial modification" does not mean a modification that results from fine tuning.Bus. & Prof. Code § 22756(q)" does not mean a modification that results from fine tuning. (r) "Trade secretTrade secret"Trade secret" has the same meaning as in Section 3426.1 of the Civil Code.Bus. & Prof. Code § 22756(r)" has the same meaning as in Section 3426.1 of the Civil Code.
Section 22756 establishes the defined terms for the Automated Decisions Safety Act. It defines the scope of automated decision system (computational processes derived from ML, statistical modeling, data analytics, or AI that issue simplified outputs used to assist or replace human discretionary decisionmaking), the broad list of domains that constitute consequential decisions (employment, education, housing, utilities, healthcare, financial services, criminal justice, elections, insurance, and more), and the key actor roles of developer and deployer. Government agencies are expressly included in both the developer and deployer definitions. The section carves out spam filters, firewalls, antivirus software, identity management tools, calculators, databases, and datasets from the ADS definition, and excludes the use of consumer credit scores from creating obligations under the chapter.
(a)(1)–(2) 1 With respect to a covered ADS that was first deployed, or made available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f), before January 1, 2026, the developer of the covered ADS shall conduct an initial performance evaluation on the covered ADS before January 1, 2027, and shall additionally conduct a performance evaluation on the covered ADS under any of the following circumstances: (A) Following any substantial modification of the covered ADS by the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g). (B) Following any fine tuning of the covered ADS by the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that materially changes the uses or outputs of the covered ADS. (C) No more than one year after the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) last conducted a performance evaluation on the covered ADS, for as long as the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) deploys the covered ADS or makes the covered ADS available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (2) With respect to a covered ADS that is first deployed or made available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) on or after January 1, 2026, the developer of the covered ADS shall conduct a performance evaluation on the covered ADS under any of the following circumstances: (A) Before initially deploying the covered ADS or making the covered ADS available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (B) Following any substantial modification of the covered ADS by the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g). (C) Following any fine tuning of the covered ADS by the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that materially changes the uses or outputs of the covered ADS. (D) No more than one year after the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) last conducted a performance evaluation on the covered ADS, for as long as the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) deploys the covered ADS or makes the covered ADS available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f).
(b)(1)–(3) 1 In conducting a performance evaluation on a covered ADS, a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) shall do all of the following: (1) Describe the purpose of the covered ADS. (2) List and describe all developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)-approved uses of the covered ADS. (3) For each developer-approved useDeveloper-approved use"Developer-approved use" means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision. "Developer-approved use" includes any reasonably foreseeable fine tuning of the covered ADS.Bus. & Prof. Code § 22756(h), evaluate the expected performance of the covered ADS and document all of the following: (A) The expected accuracy and reliability of the covered ADS. (B) Any reasonably foreseeable effects of fine tuning on the accuracy and reliability of the covered ADS. (C) Whether any disparate treatmentDisparate treatment"Disparate treatment" means differential treatment of an individual or group of individuals on the basis of a protected characteristic.Bus. & Prof. Code § 22756(j) is intended to occur and, if so, all of the following: (i) The conditions under which each disparate treatmentDisparate treatment"Disparate treatment" means differential treatment of an individual or group of individuals on the basis of a protected characteristic.Bus. & Prof. Code § 22756(j) is intended to occur. (ii) Whether each disparate treatmentDisparate treatment"Disparate treatment" means differential treatment of an individual or group of individuals on the basis of a protected characteristic.Bus. & Prof. Code § 22756(j) is necessary for a developer-approved useDeveloper-approved use"Developer-approved use" means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision. "Developer-approved use" includes any reasonably foreseeable fine tuning of the covered ADS.Bus. & Prof. Code § 22756(h). (iii) Whether any alternatives not involving disparate treatmentDisparate treatment"Disparate treatment" means differential treatment of an individual or group of individuals on the basis of a protected characteristic.Bus. & Prof. Code § 22756(j) were considered. (D) Any reasonably foreseeable effects of fine tuning on disparate treatmentDisparate treatment"Disparate treatment" means differential treatment of an individual or group of individuals on the basis of a protected characteristic.Bus. & Prof. Code § 22756(j). (E) Whether any disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) are reasonably likely to occur and, if so, all of the following: (i) The conditions under which each disparate impactDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) is reasonably likely to occur. (ii) Whether each disparate impactDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) is necessary for a developer-approved useDeveloper-approved use"Developer-approved use" means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision. "Developer-approved use" includes any reasonably foreseeable fine tuning of the covered ADS.Bus. & Prof. Code § 22756(h). (iii) Whether any alternatives not involving disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) were considered. (F) Whether any measures have been taken by the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) to mitigate the risk of unanticipated disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) resulting from the use of the covered ADS. (G) With respect to a covered ADS that has been deployed, whether any unanticipated disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) have been reported to the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) by a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f), and whether the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) has taken any measures to mitigate those disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i). (H) Any reasonably foreseeable effects of fine tuning on disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i).
(b)(4) 2 Contract with an independent third-party auditor to assess the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)'s compliance with this subdivision. (B) (i) Except pursuant to clause (ii), a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that contracts with an auditor pursuant to this paragraph shall provide the auditor with any available information that is reasonably necessary for the auditor to comprehensively assess developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) compliance. (ii) A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that provides documentation to an auditor pursuant to this subparagraph may make reasonable redactions for the purpose of protecting trade secretsTrade secret"Trade secret" has the same meaning as in Section 3426.1 of the Civil Code.Bus. & Prof. Code § 22756(r). To the extent that a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) withholds information, the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) shall notify the auditor and provide a basis for the withholding. (C) If the deadline for conducting a performance evaluation pursuant to subdivision (a) elapses before the audit has been completed, a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) shall not deploy the covered ADS or make the covered ADS available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) until the audit has been completed. (I) A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that receives feedback from an auditor pursuant to this paragraph shall do both of the following: (i) Consider and attempt to incorporate that feedback into the development of any subsequent version of a covered ADS. (ii) Make a high-level summary of the feedback publicly available at no cost to users of the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)'s internet website.
(c)(1)–(2) 3 A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that sells, licenses, or otherwise transfers a covered ADS to a potential deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall provide the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) with all of the following: (A) The results of the most recent performance evaluation conducted on the covered ADS by the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) pursuant to this chapter. (B) For each developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)-approved use of the covered ADS, instructions explaining how the covered ADS should be used by the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) to make or facilitate a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (C) For each developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)-approved use of the covered ADS, a description of whether and under what circumstances the covered ADS can be fine-tuned. (D) An explanation of the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)'s responsibilities under this chapter, including a description of any circumstances under which the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) would assume the responsibilities of a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) pursuant to subdivision (h) of Section 22756.2. (E) (i) Any technical information necessary for the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) to comply with this chapter. (ii) A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) shall not be required to provide additional technical information to a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that has assumed the responsibilities of a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) pursuant to subdivision (h) of Section 22756.2. (2) (A) A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that provides documentation to a potential deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) pursuant to this subdivision may make reasonable redactions for the purpose of protecting trade secretsTrade secret"Trade secret" has the same meaning as in Section 3426.1 of the Civil Code.Bus. & Prof. Code § 22756(r). (B) To the extent that a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) withholds information pursuant to subparagraph (A), the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) shall notify the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) and provide a basis for the withholding.
(d) 4 A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that receives an impact assessment from an auditor of a deployed covered ADS pursuant to subdivision (b) of Section 22756.3 shall provide all of the following information to any deployer of the covered ADS: (A) Any material differences between the expected accuracy of the covered ADS and the observed accuracy of the covered ADS and the deployment conditions under which those differences are reasonably likely to occur. (B) Any material differences between the expected reliability of the covered ADS and the observed reliability of the covered ADS and the deployment conditions under which those differences are reasonably likely to occur. (C) Any unanticipated disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) resulting from the use of the covered ADS and the deployment conditions under which those disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) are reasonably likely to occur. (D) An explanation of any steps the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) can take to mitigate these discrepancies.
(e) 2 A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that receives feedback from an auditor pursuant to this chapter shall consider and attempt to incorporate that feedback into the development of any subsequent version of a covered ADS.
(f) 3 A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that provides documentation to a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) pursuant to this section shall ensure the documentation is all of the following: (A) Transmitted directly to the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) or otherwise made available in a manner reasonably calculated to ensure the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) receives the documentation. (B) Provided in English and in any other language the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) regularly uses to communicate with deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (C) Presented in a manner that ensures the communication clearly and effectively conveys the required information to the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f).
(g) 5 A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that deploys a covered ADS or makes a covered ADS available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall maintain all of the following documentation in an unredacted format for as long as the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) deploys the covered ADS or makes the covered ADS available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) plus 10 years: (1) The results of any performance evaluations conducted on the covered ADS pursuant to this chapter. (2) Any documentation provided to deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) pursuant to this chapter. (3) Any documentation provided to, or received from, auditors pursuant to this chapter. (4) Records of any redactions made pursuant to this chapter.
(h) 6 It is unlawful to advertise to consumers in the state that a covered ADS is capable of performing in a manner not substantiated by the results of the most recent performance evaluation conducted on the covered ADS.
(i) 7 A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) that deploys a covered ADS or makes a covered ADS available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall designate at least one employee to oversee the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)'s compliance with this chapter. (2) A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) shall require an employee designated pursuant to this subdivision to conduct a prompt and comprehensive review of any credible compliance issue raised to that employee.
Section 22756.1 imposes the bill's core developer-side obligations. Developers must conduct performance evaluations — covering accuracy, reliability, disparate treatment, and disparate impact — before initial deployment (for systems first deployed on or after January 1, 2026), after substantial modifications or material fine-tuning, and at least annually. For systems deployed before January 1, 2026, the initial evaluation must be completed before January 1, 2027. Each performance evaluation must be reviewed by an independent third-party auditor, and the developer must consider and attempt to incorporate auditor feedback into subsequent versions and publish a high-level summary of that feedback.
Developers who sell, license, or transfer a covered ADS must provide deployers with evaluation results, usage instructions, fine-tuning guidance, and technical information necessary for the deployer to comply with the chapter. When a developer receives an impact assessment from an auditor of a deployed system, it must forward key findings (accuracy discrepancies, reliability discrepancies, unanticipated disparate impacts, and mitigation steps) to all deployers of the system. Developers must retain all evaluations, deployer documentation, and auditor correspondence in unredacted form for the deployment period plus ten years, and must designate at least one employee to oversee compliance. It is unlawful to advertise capabilities not substantiated by the most recent performance evaluation.
(a)(1)–(2) 8 Except as provided in paragraph (2), before a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) finalizes a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) made or facilitated by a covered ADS, the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall provide any subject of that decision with a plain language written disclosure containing all of the following information: (A) A statement informing the subject that a covered ADS will be used to make or facilitate the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (B) The name, version number, and developer of the covered ADS. (C) Whether the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)'s use of the covered ADS is within the scope of a developer-approved useDeveloper-approved use"Developer-approved use" means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision. "Developer-approved use" includes any reasonably foreseeable fine tuning of the covered ADS.Bus. & Prof. Code § 22756(h) and a description of that use. (D) (i) The personal characteristics or attributes of the subject that the covered ADS measures or assesses to make or facilitate the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (ii) The sources of personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) collected from the subject to make or facilitate the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (iii) Any key parameters known to disproportionately affect the outcome of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (E) The structure and format of the outputs of the covered ADS and a plain language description of how those outputs are used to make or facilitate the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (F) Whether a natural person will review either of the following before the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) is finalized: (i) The outputs of the covered ADS. (ii) The outcome of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (G) The subject's rights under subdivisions (b) and (d) and the means and timeframe for exercising those rights. (H) (i) Contact information for the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (ii) Contact information for the entity that manages the covered ADS, if that entity is not the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (iii) Contact information for the entity that will interpret the results of the covered ADS, if that entity is not the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (2) Paragraph (1) does not apply if the subject of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) is having a medical emergency.
(b)(1)–(2) 9 Before a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) finalizes a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) made or facilitated by a covered ADS, the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall provide any subject of that decision with a reasonable opportunity to opt out of the use of the covered ADS. (2) (A) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) may deny a request to opt out of the use of a covered ADS if either of the following is true: (i) The deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) is subject to the federal Gramm-Leach-Bliley Act, and the covered ADS makes or facilitates a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) pursuant to paragraph (7) of subdivision (c) of Section 22756. (ii) The subject of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) is having a medical emergency. (B) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that denies a request to opt out of the use of a covered ADS pursuant to subparagraph (A) shall provide the subject with an explanation of the basis for the denial.
(c)(1)–(3) 10 After a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) finalizes a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) made or facilitated by a covered ADS, the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall provide any subject of that decision with a plain language written disclosure containing all of the following information within five days: (A) The personal characteristics or attributes of the subject that the covered ADS used to make or facilitate the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (B) The sources of personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) collected from the subject that were used to make or facilitate the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (C) Any key parameters that disproportionately affected the outcome of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (D) The structure and format of the outputs of the covered ADS and a plain language description of how those outputs were used to make or facilitate the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (E) The role that the ADS played in making the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) and whether any human judgment was involved. (F) Contact information for the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (G) Contact information for the entity that manages the covered ADS, if that entity is not the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (H) Contact information for the entity that will interpret the results of the covered ADS, if that entity is not the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (I) The subject's rights under subdivision (d) and the means and timeframe for exercising those rights. (2) Paragraph (1) does not apply if the subject of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) is having a medical emergency. (3) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that provides documentation to a subject of a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) pursuant to this subdivision shall ensure the documentation is all of the following: (A) Transmitted directly to the subject. (B) Provided in English and in any other language that the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) regularly uses to communicate with subjects. (C) Made available in formats that are accessible to people who are blind or have other disabilities. (D) Presented in a manner that ensures the communication clearly and effectively conveys the required information to the subject.
(d)(1)–(2) 11 After a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) finalizes a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) made or facilitated by a covered ADS, the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall provide any subject of that decision with an opportunity to do both of the following within 30 business days: (1) (A) Correct any incorrect personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) used by the covered ADS to make or facilitate the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (B) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall comply with a request to correct personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) within 30 business days of receiving the request if the request is accompanied by documentation sufficient to assess the basis for the request. (C) (i) If a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) determines that complying with a request to correct personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) would change the outcome of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c), the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall, within 30 days of making the determination, rectify the decision. (ii) If a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) determines that complying with a request to correct personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) would not change the outcome of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c), the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall, within 30 days of making the determination, inform the subject that the correction was made but that it did not alter the decision. (D) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that denies a request to correct personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) shall do both of the following: (i) Provide the subject with an explanation of the basis for the denial. (ii) Provide the subject with a reasonable opportunity to request that the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) delete the subject's personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o). (2) (A) Appeal the outcome of the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c). (B) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall review a request to appeal a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) within 30 business days of receiving the request if the request is accompanied by documentation sufficient to assess the basis for the request. (C) (i) If a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) determines that the original decision was incorrect, the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall, within 30 days of making the determination, rectify the decision. (ii) If a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) determines that the original decision was correct, the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall, within 30 days of making the determination, inform the subject that the consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) will not be altered. (D) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that denies a request to appeal the outcome of a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) shall provide the subject with an explanation of the basis for the denial.
(e) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that provides documentation to the subject of a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) pursuant to this section may make reasonable redactions for the purpose of protecting trade secretsTrade secret"Trade secret" has the same meaning as in Section 3426.1 of the Civil Code.Bus. & Prof. Code § 22756(r). (B) To the extent that a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) withholds information pursuant to paragraph (1), the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall notify the subject and provide a basis for the withholding. (2) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that is required by another state or federal law to provide substantially similar notice to a subject of a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) need not duplicatively provide notice to the subject under this section.
(f) 12 A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)'s collection, use, retention, and sharing of personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) from a subject of a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) shall be reasonably necessary and proportionate to achieve the purposes for which the personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) was collected and processed, or for another disclosed purpose that is compatible with the context in which the personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) was collected, and not further processed in a manner that is incompatible with those purposes.
(g)(1)–(3) 13 A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that uses a covered ADS to make or facilitate consequential decisionsConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) directly impacting more than 5,999 people in a given three-year period shall contract with an independent third-party auditor to conduct an impact assessment on the covered ADS before January 1, 2030, and every three years thereafter. (2) (A) Except pursuant to subparagraph (B), a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that contracts with an auditor pursuant to this subdivision shall provide the auditor with any available information that is reasonably necessary for the auditor to conduct a comprehensive impact assessment on the covered ADS. (B) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that provides documentation to an auditor pursuant to this paragraph may make reasonable redactions for the purpose of protecting trade secretsTrade secret"Trade secret" has the same meaning as in Section 3426.1 of the Civil Code.Bus. & Prof. Code § 22756(r). To the extent that a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) withholds information, the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) shall notify the auditor and provide a basis for the withholding. (C) This paragraph shall not be construed to require a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) to collect any personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) from a subject of a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) beyond that which the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) collects in the ordinary course of business or as necessary to comply with state or federal law. (3) If the deadline for conducting an audit pursuant to paragraph (1) elapses before the audit has been completed, a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall not use the covered ADS to make or facilitate consequential decisionsConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) until the audit has been completed.
(h) 14 A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that does any of the following assumes the responsibilities of a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) under this chapter: (1) Uses a covered ADS to make or facilitate consequential decisionsConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) that directly impact more than 5,999 people in a given three-year period, if the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) did not receive any documentation from the developer of the covered ADS pursuant to subdivision (c) of Section 22756.1 during the three-year period. (2) Uses a covered ADS to make or facilitate consequential decisionsConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) that directly impact more than 5,999 people in a given three-year period, if the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)'s use of the covered ADS is outside the scope of a developer-approved useDeveloper-approved use"Developer-approved use" means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision. "Developer-approved use" includes any reasonably foreseeable fine tuning of the covered ADS.Bus. & Prof. Code § 22756(h). (3) Substantially modifies an automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b) and does either of the following: (A) Uses the substantially modified system to make or facilitate consequential decisionsConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) that directly impact more than 5,999 people in a given three-year period. (B) Makes the substantially modified system available to potential deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f).
(i) 15 A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that uses a covered ADS to make or facilitate a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) shall retain the following documentation in an unredacted format for as long as the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) uses the covered ADS plus 10 years: (1) Any documentation received from developersDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) pursuant to this chapter. (2) Any documentation provided pursuant to this section to subjects of consequential decisionsConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) made or facilitated by the covered ADS. (3) Any requests to correct personal informationPersonal information"Personal information" has the same meaning as defined in Section 1798.140 of the Civil Code.Bus. & Prof. Code § 22756(o) made pursuant to this section. (4) Any requests to opt out of the use of the covered ADS made pursuant to this section. (5) Any requests to appeal the outcome of a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) made pursuant to this section. (6) Any documentation provided to, or received from, auditors pursuant to this chapter. (7) Records of any redactions made pursuant to this section.
(j) 16 A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that uses a covered ADS to make or facilitate a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) shall designate at least one employee to oversee the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)'s compliance with this chapter. (2) A deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) shall require an employee designated pursuant to this subdivision to conduct a prompt and comprehensive review of any credible compliance issue related to the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)'s use of a covered ADS that is raised to that employee.
(k) In addition to the requirements of this section, a deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that is a business subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100)) is subject to any privacy-related opt-out and access regulation duly adopted by the California Privacy Protection Agency pursuant to subdivision (b) of Section 1798.199.40 of the Civil Code.
(l) This section shall become operative on January 1, 2027.
Section 22756.2 establishes the bill's deployer-side obligations, all operative beginning January 1, 2027. Before finalizing any consequential decision made or facilitated by a covered ADS, deployers must provide subjects with a comprehensive plain-language written disclosure covering the system's identity, developer, approved use, the personal characteristics and data sources used, the output structure, whether human review occurs, and the subject's rights. Subjects must also be given a reasonable opportunity to opt out of the ADS's use before the decision is finalized, with narrow exceptions for Gramm-Leach-Bliley-covered financial services deployers and medical emergencies.
Within five days after finalizing a consequential decision, deployers must provide a post-decision written disclosure detailing the personal characteristics used, data sources, disproportionately affecting parameters, output structure and how outputs were used, the role of the ADS and whether human judgment was involved, and the subject's correction and appeal rights. Subjects then have 30 business days to correct inaccurate personal information or appeal the outcome, with deployer response timelines of 30 business days. Deployers impacting more than 5,999 people in a three-year period must contract with an independent third-party auditor for an impact assessment before January 1, 2030, and every three years thereafter — and must cease using the ADS if the audit deadline passes without completion. Deployers who use a covered ADS outside developer-approved uses, without receiving developer documentation, or who substantially modify the system assume full developer responsibilities. Deployers must retain all documentation in unredacted form for the deployment period plus 10 years and designate at least one compliance employee.
(a)(1)–(4) 17 An auditor that conducts an impact assessment on a covered ADS pursuant to subdivision (g) of Section 22756.2 shall do all of the following: (1) (A) Request any information from the deployer of the covered ADS that is reasonably necessary for the auditor to conduct a comprehensive impact assessment. (B) This paragraph applies only to information gathered by the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) in the ordinary course of business. (2) For each unique developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)-approved use of the covered ADS by the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f), document all of the following: (A) The observed accuracy and reliability of the covered ADS over the relevant period. (B) Whether the observed accuracy and reliability differed materially from the expected accuracy and reliability of the covered ADS, as described in documentation provided by a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) to the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) pursuant to this chapter. (C) Whether any disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) resulted from the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)'s use of the covered ADS and the deployment conditions under which those disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) occurred. (D) Whether each disparate impactDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) was an anticipated disparate impactDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i), as described in documentation provided to the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) pursuant to this chapter. (3) Whether the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) used the covered ADS to make or facilitate a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) outside of the scope of a developer-approved useDeveloper-approved use"Developer-approved use" means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision. "Developer-approved use" includes any reasonably foreseeable fine tuning of the covered ADS.Bus. & Prof. Code § 22756(h). (4) Whether the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) assumed the responsibilities of a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) pursuant to subdivision (h) of Section 22756.2.
(b)(1)–(3) 18 After conducting an impact assessment on a covered ADS, an auditor shall do both of the following: (A) Provide the results of the impact assessment to the deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) that contracted with the auditor to perform the impact assessment. (B) Make a high-level summary of the results of the impact assessment publicly available at no cost to users of the auditor's internet website. (2) The documentation required by this section shall be both of the following: (A) Provided in English and in any other language that the auditor regularly uses to communicate with deployersDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f). (B) Presented in a manner that ensures the communication clearly and effectively conveys the required information. (3) An auditor shall not make publicly available with the personal information of a subject of a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) made or facilitated by a covered ADS without first obtaining the express consent of the subject.
Section 22756.3 prescribes what an independent third-party auditor must do when conducting an impact assessment on a deployed covered ADS under the deployer's § 22756.2(g) obligation. The auditor must request reasonably necessary information (limited to data the deployer gathers in the ordinary course of business), document observed accuracy and reliability for each developer-approved use, compare observed performance to expected performance from developer documentation, identify any disparate impacts and whether they were anticipated, determine whether the deployer used the ADS outside approved uses, and assess whether the deployer assumed developer responsibilities.
After completing the assessment, the auditor must provide results to the contracting deployer and make a high-level summary publicly available on the auditor's website at no cost. The auditor may not make personal information of decision subjects publicly available without express consent. Documentation must be provided in English and any other language regularly used and must be clearly presented.
(a)–(c) 19 Within 30 days of receiving a request from the Attorney General for a performance evaluation or impact assessment prepared pursuant to this chapter, a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g), deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f), or auditor of a covered ADS shall provide an unredacted copy of the document to the Attorney General. (2) The Attorney General may share performance evaluations and impact assessments with other enforcement entities as necessary for enforcement purposes. (b) (1) The disclosure or sharing of a performance evaluation or impact assessment pursuant to subdivision (a) does not constitute a waiver of any attorney-client privilege, work-product protection, or trade secretTrade secret"Trade secret" has the same meaning as in Section 3426.1 of the Civil Code.Bus. & Prof. Code § 22756(r) protection that might otherwise exist with respect to any information contained in the performance evaluation or impact assessment. (2) A performance evaluation or impact assessment disclosed or shared pursuant to subdivision (a) is exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) Each day a covered ADS is used for which a performance evaluation or impact assessment has not been submitted to the Attorney General pursuant to this section is an additional violation of this section.
Section 22756.4 requires developers, deployers, and auditors to provide unredacted copies of performance evaluations and impact assessments to the Attorney General within 30 days of request. The AG may share these documents with other enforcement entities as necessary. Disclosure to the AG does not waive attorney-client privilege, work-product protection, or trade secret protection. Documents produced are exempt from the California Public Records Act. Each day a covered ADS is used without a required evaluation or assessment submitted to the AG upon request constitutes an additional violation.
(a)–(c) 20 Any of the following public entities may bring a civil action against a developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g), deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f), or auditor who violates this chapter: (1) The Attorney General. (2) A district attorney, county counsel, or city attorney for the jurisdiction in which the violation occurred. (3) A city prosecutor in any city having a full-time city prosecutor with the consent of the district attorney. (4) The Civil Rights Department. (5) The Labor Commissioner with respect to employment-related decisions only. (b) A court may award a prevailing plaintiff who brings an action pursuant to subdivision (a) all of the following: (1) Injunctive relief. (2) Declaratory relief. (3) Reasonable attorney's fees and litigation costs. (4) A civil penalty of up to twenty-five thousand dollars ($25,000) per violation. (c) A developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g) or deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f) who contracts with a third party to perform the developerDeveloper"Developer" means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision, either directly or by contracting with a third party for those purposes.Bus. & Prof. Code § 22756(g)'s or deployerDeployer"Deployer" means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.Bus. & Prof. Code § 22756(f)'s duties under this chapter, other than those duties related to auditing, is subject to liability under this chapter for the third party's failure to perform those duties.
Section 22756.5 establishes the bill's enforcement framework. Civil enforcement actions may be brought by the Attorney General, district attorneys, county counsel, city attorneys, city prosecutors (with DA consent), the Civil Rights Department, and the Labor Commissioner (for employment-related decisions only). There is no private right of action. Courts may award injunctive relief, declaratory relief, reasonable attorney's fees and litigation costs, and civil penalties of up to $25,000 per violation. Developers and deployers who contract with third parties to perform chapter obligations (other than auditing) remain liable for the third party's failure to perform those duties.
(a)–(b) This chapter does not apply to an automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b) the sole purpose of which is to do either of the following: (1) Detect, protect against, or respond to cybersecurity incidents or preserve the integrity or security of computer systems. (2) Operate aircraft in the national airspace. (b) The use of a consumer credit scoreCredit score"Credit score" means a credit score, as defined in Section 1785.15.1 of the Civil Code, from a consumer credit reporting agency, as defined in Section 1785.3 of the Civil Code.Bus. & Prof. Code § 22756(e) to inform a consequential decisionConsequential decision"Consequential decision" means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: (1) Employment-related decisions. (2) Education and vocational training as they relate to assessment and placement, detecting student cheating and plagiarism, accreditation, certification, admissions and enrollment, discipline, evaluation, financial aid and scholarships, proctoring. (3) Housing and lodging as they relate to rental or short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing. (4) Essential utilities: electricity, heat, water, transportation, municipal trash and sewage services. (5) Family planning, adoption services, reproductive services, and assessments related to child protective services. (6) Health care and health insurance, including mental health care, dental, and vision. (7) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor. (8) The criminal justice system with respect to pretrial release, sentencing, and alternatives to incarceration. (9) Legal services. (10) Private arbitration. (11) Mediation. (12) Elections as they relate to voting, redistricting, voter eligibility and registration, distribution of voting information, election administration. (13) Access to government benefits or services or assignment of penalties by a government entity. (14) Places of public accommodation, as defined in Section 55.52 of the Civil Code. (15) Insurance. (16) Internet and telecommunications access.Bus. & Prof. Code § 22756(c) does not itself create an obligation under this chapter.
Section 22756.6 carves out two categories of automated decision systems from the chapter's requirements: systems whose sole purpose is cybersecurity (detecting, protecting against, or responding to cybersecurity incidents or preserving computer system integrity) and systems whose sole purpose is aircraft operation in the national airspace. Additionally, the use of a consumer credit score to inform a consequential decision does not itself create obligations under the chapter.
(a)–(d) The rights, remedies, and penalties established by this chapter are cumulative and shall not be construed to supersede the rights, remedies, or penalties established under other laws, including, but not limited to, Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code and Section 51 of the Civil Code. (b) This chapter does not diminish the rights, privileges, or remedies of an employee under any other federal or state law or under any employment contract or collective bargaining agreement. (c) This chapter does not authorize any use of automated decision systemsAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b) that is limited, restricted, or prohibited under any other applicable law. (d) This chapter does not authorize disparate impactsDisparate impact"Disparate impact" means a differential effect on a group of individuals who share a protected characteristic.Bus. & Prof. Code § 22756(i) or disparate treatmentDisparate treatment"Disparate treatment" means differential treatment of an individual or group of individuals on the basis of a protected characteristic.Bus. & Prof. Code § 22756(j) limited, restricted, or prohibited under any other applicable law.
Section 22756.7 provides four savings clauses: the chapter's rights, remedies, and penalties are cumulative and do not supersede existing law (including FEHA and the Unruh Civil Rights Act); the chapter does not diminish employee rights under other law or employment contracts; the chapter does not authorize any AI use that is otherwise prohibited; and the chapter does not authorize disparate impacts or disparate treatment that are otherwise prohibited.
(i) 21 In an action alleging a violation of this section in which the defendant's development, modification, or use of an automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b), as defined in Section 22756 of the Business and Professions Code, is alleged to have caused or facilitated the violation, the extent to which the defendant complied with Chapter 25 (commencing with Section 22756) of Division 8 of the Business and Professions Code is relevant to, but not conclusive of, whether the defendant violated this section.
Section 2 of the bill amends the Unruh Civil Rights Act (Civil Code § 51) to add subdivision (i), which provides that in an action alleging a violation of the Unruh Act where the defendant's development, modification, or use of an automated decision system is alleged to have caused or facilitated the violation, the defendant's compliance with the Automated Decisions Safety Act is relevant to, but not conclusive of, whether the defendant violated the Unruh Act. This creates an evidentiary safe-harbor-like effect without full immunity.
22 In an action alleging a violation of this chapter in which the defendant's development, modification, or use of an automated decision systemAutomated decision system"Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons. "Automated decision system" does not mean a spam email filter, firewall, antivirus software, identity and access management tool, calculator, database, dataset, or other compilation of data.Bus. & Prof. Code § 22756(b), as defined in Section 22756 of the Business and Professions Code, is alleged to have caused or facilitated the violation, the extent to which the defendant complied with Chapter 24.6 (commencing with Section 22756) of Division 8 of the Business and Professions Code is relevant to, but not conclusive of, whether the defendant violated this chapter.
Section 3 of the bill adds Article 3 to the FEHA enforcement chapter, creating Government Code § 12959. It mirrors the Unruh amendment: in FEHA actions where the defendant's development, modification, or use of an automated decision system is alleged to have caused or facilitated the violation, compliance with the Automated Decisions Safety Act is relevant to, but not conclusive of, whether the defendant violated FEHA. This gives employers and other FEHA-covered entities a partial evidentiary benefit for AB 1018 compliance in employment discrimination claims.
The Legislature finds and declares that Section 1 of this act, which adds Chapter 24.6 (commencing with Section 22756) to Division 8 of the Business and Professions Code, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect proprietary information, it is necessary that trade secretsTrade secret"Trade secret" has the same meaning as in Section 3426.1 of the Civil Code.Bus. & Prof. Code § 22756(r) disclosed in performance evaluations and impact assessments to agencies and departments pursuant to Section 1 of this act remain confidential.
Section 4 provides the constitutionally required legislative findings for the California Public Records Act exemption created in § 22756.4. The Legislature finds that trade secrets disclosed in performance evaluations and impact assessments must remain confidential to protect proprietary information.