Georgia · Senate Bill · 2025–2026 Regular Session
SB167
Georgia Senate Bill 167 — Automated Decision Systems and Algorithmic Discrimination

Status ● Introduced Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 8 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
Enforced by the Georgia Attorney General through the Fair Business Practices Act of 1975 (O.C.G.A. Part 2, Article 15, Chapter 1, Title 10). An affirmative defense is available if the violation is discovered through adversarial testing or internal review, cured within seven days with notice to the AG and affected consumers, the entity is otherwise in compliance with a recognized AI risk management framework (NIST AI RMF, ISO/IEC 42001, or an AG-designated framework), and the violation was inadvertent, affected fewer than 100 consumers, and could not have been discovered through reasonable diligence. The bill expressly preserves all existing rights, claims, remedies, presumptions, and defenses available at law or in equity; the statutory affirmative defense applies only to AG enforcement actions.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Enforcement is through Georgia's Fair Business Practices Act of 1975, which provides for injunctive relief, civil penalties, and other remedies available under that Act. The bill itself does not specify dollar amounts or create a standalone private right of action, but expressly preserves all pre-existing rights, claims, remedies, presumptions, and defenses available at law or in equity.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
O.C.G.A. § 10-16-1
Definitions

(1)–(12) As used in this chapter, the term: (1)(A) 'Algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1)' means the use of an artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. (B) Such term shall not include: (i) The offer, license, 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 an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) by a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) or deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) for the sole purpose of: (I) The developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)'s or deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended. (2) 'Artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2)' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systemsArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) may vary in the forms of information they can receive and in the human cognitive processes they can emulate. (3)(A) 'Automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3)' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. (B) Such term shall not include a tool that does not assist or replace processes for making consequential decisionsConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3). (4) 'Consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4)' means a decision that has a material effect on the provision or denial to any consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare servicesHealthcare services'Healthcare services' shall have the same meaning as set forth in 42 U.S.C. Section 234(d)(2).O.C.G.A. § 10-16-1(9); (F) Housing; (G) Insurance; or (H) Legal services. (5) 'ConsumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5)' means an individual who is a Georgia resident. (6) 'DeployDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6)' means to use an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3). (7) 'DeployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)' means a person doing business in this state that deploysDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6) an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3). (8) 'DeveloperDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2). (9) 'Healthcare servicesHealthcare services'Healthcare services' shall have the same meaning as set forth in 42 U.S.C. Section 234(d)(2).O.C.G.A. § 10-16-1(9)' shall have the same meaning as set forth in 42 U.S.C. Section 234(d)(2). (10)(A) 'Intentional and substantial modificationIntentional and substantial modification'Intentional and substantial modification' or 'intentionally and substantially modify' means a deliberate change made to an AI system that results in any increase in or new reasonably foreseeable risk of algorithmic discrimination by such AI system. Such term shall not include a change made to an automated decision system if: (i) The automated decision system continues to learn after the automated decision system is: (I) Offered, sold, leased, licensed, given, or otherwise made available to a deployer; or (II) Deployed; (ii) The change is made to the automated decision system as a result of any learning described in division (i) of this subparagraph; (iii) The change was predetermined by the deployer, or a third party contracted by the deployer, when the deployer or third party completed an initial impact assessment of such automated decision system pursuant to subsection (e) of Code Section 10-16-3; and (iv) The change is included in technical documentation for the automated decision system.O.C.G.A. § 10-16-1(10)' or 'intentionally and substantially modify' means a deliberate change made to an AI system that results in any increase in or new reasonably foreseeable risk of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) by such AI system. (B) Such term shall not include a change made to an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) if: (i) The automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) continues to learn after the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is: (I) Offered, sold, leased, licensed, given, or otherwise made available to a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7); or (II) Deployed; (ii) The change is made to the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) as a result of any learning described in division (i) of this subparagraph; (iii) The change was predetermined by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or a third party contracted by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), when the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) or third party completed an initial impact assessment of such automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) pursuant to subsection (e) of Code Section 10-16-3; and (iv) The change is included in technical documentation for the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3). (11) 'Personal dataPersonal data'Personal data' means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual.O.C.G.A. § 10-16-1(11)' means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual. (12) 'Trade secretTrade secret'Trade secret' shall have the same meaning as set forth in Code Section 10-1-761.O.C.G.A. § 10-16-1(12)' shall have the same meaning as set forth in Code Section 10-1-761.

Section 10-16-1 establishes the defined terms for the chapter. Key definitions include algorithmic discrimination (covering disparate impact across a broad set of protected characteristics, with carve-outs for self-testing and diversity efforts), automated decision system (a computational process that issues scores, classifications, or recommendations used to assist or replace human discretionary decision-making), consequential decision (covering education, employment, government services, financial services, healthcare, housing, insurance, and legal services), and the developer/deployer distinction.

O.C.G.A. § 10-16-2
Developer obligations: discrimination prohibition, disclosures, and ongoing assessment
Developer

(a) 1 No developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) shall sell, distribute, or otherwise make available to deployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) that results in algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1).

(b) 2 Except as provided in subsection (f) of this Code section, a developer of an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) shall provide certain information regarding such automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) to the Attorney General, in a form and manner prescribed by the Attorney General. Such information shall include, at a minimum: (1) A general statement describing the reasonably foreseeable uses and known harmful or inappropriate uses of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (2) Documentation disclosing: (A) The purpose of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (B) The intended benefits and uses of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (C) High-level summaries of the types of data used to train the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (D) Known or reasonably foreseeable limitations of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), including known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) arising from the intended uses of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (E) The measures the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) has taken to mitigate known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1); (F) How the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) was evaluated for performance and mitigation of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) before the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) was offered, sold, leased, licensed, given, or otherwise made available to the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7); (G) The data governance measures used to cover the training data sets and the measures used to examine the suitability of data sources, possible biases, and appropriate mitigation; (H) How the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) should be used, not be used, and be monitored by an individual when the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is used to make, or assist in making, a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); and (I) All other information necessary to allow the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to comply with the requirements of Code Section 10-16-3; and (3) Any additional documentation that is reasonably necessary to assist the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) in understanding the outputs and monitoring the performance of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) for risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1).

(c) 3 Except as provided in subsection (f) of this Code section, a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) that offers, sells, leases, licenses, gives, or otherwise makes available to a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) or other developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) shall make available to the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) or other developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), to the extent feasible, all of the information required to be provided to the Attorney General by subsection (b) of this Code section, as well as the documentation and information, through artifacts such as model cards, data set cards, or other impact assessments, necessary for a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) or third party contracted by a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to complete an impact assessment pursuant to subsection (e) of Code Section 10-16-3. (2) A developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) that also serves as a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) for an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is not required to generate the documentation required by this subsection unless the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is provided to an unaffiliated entity acting as a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7).

(d) 4 A developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) shall make available to the public, in a manner that is clear and readily available on the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)'s public website or in a public use case inventory, a statement summarizing: (A) The types of automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) that the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) has developed or intentionally and substantially modified and currently makes available to a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) or other developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8); and (B) How the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) manages known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1). (2) A developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) shall update the statement described in paragraph (1) of this subsection: (A) As necessary to ensure that the statement remains accurate; and (B) No later than 90 days after the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) intentionally and substantially modifies any automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) described in such statement.

(e) 5 A developer of an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) shall take steps to address risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1), invalidity, and errors, including, but not limited to, ensuring suitability and representativeness of data sources, implementing data governance measures, testing the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) for disparate impact, and searching for less discriminatory alternative decision methods. DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) shall continue assessing and mitigating the risk of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) in their automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) so long as such automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) are in use by any deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7). (2) A developer of an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) shall disclose to the Attorney General, in a form and manner prescribed by the Attorney General, and to all known deployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) or other developers of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), any known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) arising from the intended uses of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) without unreasonable delay but no later than 90 days after the date on which: (A) The developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) discovers through the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)'s ongoing testing and analysis that the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)'s automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) has been deployed and has caused or is reasonably likely to have caused algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1); or (B) The developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) receives from a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) a credible report that the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) has been deployed and has caused algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1).

(f) A developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) who discloses information to a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), to a consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5), or to the general public pursuant to subsections (b) through (e) of this Code section may make reasonable redactions for the purpose of protecting trade secretsTrade secret'Trade secret' shall have the same meaning as set forth in Code Section 10-1-761.O.C.G.A. § 10-16-1(12). (2) No developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) shall redact information from its required disclosures to a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) under this Code section if the information is necessary for the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to comply with its disclosure, explanation, impact assessment, or audit obligations under this chapter. (3) To the extent that a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) redacts information pursuant to paragraph (1) of this subsection, the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) shall notify the subjects of the disclosure and provide a basis for the redaction.

(g) 6 The Attorney General may require that a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) disclose to the Attorney General, within seven days and in a form and manner prescribed by the Attorney General, any documentation or records required by this Code section, including, but not limited to, the statement or documentation described in subsection (b) of this Code section. The Attorney General may evaluate such statement or documentation to ensure compliance with this chapter, and, notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to open records, such records shall not be open to inspection by or made available to the public. In a disclosure pursuant to this subsection, a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) may designate the statement or documentation as including proprietary information or a trade secretTrade secret'Trade secret' shall have the same meaning as set forth in Code Section 10-1-761.O.C.G.A. § 10-16-1(12). To the extent that any information contained in the statement or documentation includes information subject to attorney-client privilege or work-product protection, the disclosure does not constitute a waiver of the privilege or protection.

(h) A developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)'s compliance with this Code section shall not constitute a defense in a civil or administrative action regarding claims that the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) violated any other provision of this chapter or any other law.

Section 10-16-2 imposes a suite of obligations on developers of automated decision systems. Subsection (a) prohibits developers from distributing systems that result in algorithmic discrimination. Subsection (b) requires developers to submit comprehensive documentation to the Attorney General covering the system's purposes, training data, limitations, discrimination risks, mitigation measures, and data governance. Subsection (c) requires developers to make substantially similar information available to deployers and other developers to enable downstream impact assessments. Subsection (d) requires public-facing disclosure on the developer's website of the types of systems developed and how discrimination risk is managed, with updates required as needed and within 90 days of any intentional and substantial modification.

Subsection (e) imposes ongoing bias testing and mitigation duties and a 90-day notification obligation to the Attorney General and all known deployers upon discovery or receipt of a credible report that the system has caused or is reasonably likely to have caused algorithmic discrimination. Subsections (f) through (h) address trade-secret protections, AG on-demand document production (within seven days), privilege protections, and the non-defense provision.

Compliance actions 6 items
1
DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) must not sell, distribute, or otherwise make available to deployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) that results in algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) — i.e., that discriminates, causes a disparate impact, or makes unavailable the equal enjoyment of goods, services, or opportunities on the basis of protected characteristics in connection with a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4).
H-02.1
2
DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) must provide the Attorney General with documentation regarding each automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), in a form and manner prescribed by the Attorney General, including: (1) a general statement of reasonably foreseeable uses and known harmful or inappropriate uses; (2) documentation disclosing the system's purpose, intended benefits, high-level training data summaries, known limitations and discrimination risks, mitigation measures, pre-distribution performance evaluation methods, data governance measures covering training data suitability and bias, intended use/non-use/monitoring instructions, and all information necessary for deployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to comply with their own obligations; and (3) any additional documentation reasonably necessary for deployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to understand outputs and monitor discrimination risk.
R-02.1
3
DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) must make available to deployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) and other developersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), to the extent feasible, all information required to be submitted to the Attorney General, plus documentation through artifacts such as model cards, data set cards, or other impact assessments necessary for the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) or a contracted third party to complete an impact assessment. A developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) that also serves as deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) is exempt from this subsection unless the system is provided to an unaffiliated deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7).
T-03.3
4
DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) must publish and maintain on their public website or in a public use case inventory a statement summarizing (1) the types of automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) has developed or intentionally and substantially modified and currently makes available and (2) how the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) manages known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1). The statement must be updated as necessary for accuracy and no later than 90 days after any intentional and substantial modificationIntentional and substantial modification'Intentional and substantial modification' or 'intentionally and substantially modify' means a deliberate change made to an AI system that results in any increase in or new reasonably foreseeable risk of algorithmic discrimination by such AI system. Such term shall not include a change made to an automated decision system if: (i) The automated decision system continues to learn after the automated decision system is: (I) Offered, sold, leased, licensed, given, or otherwise made available to a deployer; or (II) Deployed; (ii) The change is made to the automated decision system as a result of any learning described in division (i) of this subparagraph; (iii) The change was predetermined by the deployer, or a third party contracted by the deployer, when the deployer or third party completed an initial impact assessment of such automated decision system pursuant to subsection (e) of Code Section 10-16-3; and (iv) The change is included in technical documentation for the automated decision system.O.C.G.A. § 10-16-1(10) to any system described in the statement.
G-02.4
5
DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) must take steps to address risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1), invalidity, and errors, including ensuring suitability and representativeness of data sources, implementing data governance measures, testing for disparate impact, and searching for less discriminatory alternative decision methods. This is a continuing obligation that persists as long as any deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) uses the system. DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) must also disclose to the Attorney General and all known deployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) any known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) arising from intended uses, without unreasonable delay but no later than 90 days after (A) the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) discovers through ongoing testing that the system has caused or is reasonably likely to have caused algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1), or (B) the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) receives a credible report from a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) that the system has caused algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1).
H-02.1
6
DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) must produce any documentation or records required by this section to the Attorney General within seven days of a request, in a form and manner prescribed by the Attorney General. Records disclosed are exempt from Georgia's open-records requirements. DevelopersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) may designate materials as proprietary or trade secretTrade secret'Trade secret' shall have the same meaning as set forth in Code Section 10-1-761.O.C.G.A. § 10-16-1(12), and disclosure does not waive attorney-client privilege or work-product protection.
R-02.2
O.C.G.A. § 10-16-3
Deployer obligations: discrimination prohibition, risk management, impact assessments, and monitoring
Deployer

(a) 7 No deployer of an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) shall use an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) in a manner that results in algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1).

(b) 8 Except as provided in Code Section 10-16-6, a deployer of an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) shall implement a risk management policy and program to govern the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s deployment of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3). The risk management policy and program shall specify and incorporate the principles, processes, and personnel that the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) uses to identify, document, and mitigate known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1). The risk management policy and program shall be an iterative process planned, implemented, and regularly and systematically reviewed and updated over the life cycle of an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), requiring regular, systematic review and updates. A risk management policy and program implemented and maintained pursuant to this subsection shall take into consideration: (1) Either: (A) The guidance and standards set forth in the latest version of the Artificial Intelligence Risk Management Framework published by the National Institute of Standards and Technology of the United States Department of Commerce, standard ISO/IEC 42001 of the International Organization for Standardization, or another nationally or internationally recognized risk management framework for artificial intelligence systemsArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2), if the standards are substantially equivalent to or more stringent than the requirements of this chapter; or (B) Any risk management framework for artificial intelligence systemsArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) that the Attorney General, in the Attorney General's discretion, may designate; (2) The size and complexity of the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7); (3) The nature and scope of the automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) deployed by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), including the intended uses of the automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); and (4) The sensitivity and volume of data processed in connection with the automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) deployed by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7).

(c) A risk management policy and program implemented pursuant to this Code section may cover multiple automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) deployed by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7).

(d) 9 Each deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall establish and adhere to: (1) Written standards, policies, procedures, and protocols for the acquisition, use of, or reliance on automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) developed by third-party developersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), including reasonable contractual controls ensuring that the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) statements and summaries described in subsection (b) of Code Section 10-16-2 include all information necessary for the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to fulfill its obligations under this Code section; (2) Procedures for reporting any incorrect information or evidence of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) to a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) for further investigation and mitigation, as necessary; and (3) Procedures to remediate and eliminate incorrect information from its automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) that the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) has identified or has been reported to a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8).

(e)–(f) 10 Except as otherwise provided for in this chapter: (1) A deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or a third party contracted by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), that deploysDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6) an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) shall complete an impact assessment for the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); and (2) A deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or a third party contracted by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), shall complete an impact assessment for a deployed automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) at least annually and within 90 days after any intentional and substantial modificationIntentional and substantial modification'Intentional and substantial modification' or 'intentionally and substantially modify' means a deliberate change made to an AI system that results in any increase in or new reasonably foreseeable risk of algorithmic discrimination by such AI system. Such term shall not include a change made to an automated decision system if: (i) The automated decision system continues to learn after the automated decision system is: (I) Offered, sold, leased, licensed, given, or otherwise made available to a deployer; or (II) Deployed; (ii) The change is made to the automated decision system as a result of any learning described in division (i) of this subparagraph; (iii) The change was predetermined by the deployer, or a third party contracted by the deployer, when the deployer or third party completed an initial impact assessment of such automated decision system pursuant to subsection (e) of Code Section 10-16-3; and (iv) The change is included in technical documentation for the automated decision system.O.C.G.A. § 10-16-1(10) to the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is made available. (f) An impact assessment completed pursuant to subsection (e) of this Code section shall include, at a minimum, and to the extent reasonably known by or available to the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7): (1) A statement by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) disclosing the purpose, intended use cases, and deployment context of, and benefits afforded by, the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (2) An analysis of whether the deployment of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) poses any known or reasonably foreseeable risks of: (A) Algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) and, if so, the nature of the algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) and the steps that have been taken to mitigate the risks; (B) Limits on accessibility for individuals who are pregnant, breastfeeding, or disabled, and, if so, what reasonable accommodations the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) may provide that would mitigate any such limitations on accessibility; (C) Any violation of state or federal labor laws, including laws pertaining to wages, occupational health and safety, and the right to organize; or (D) Any physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) if such intrusion: (i) Would be offensive to a reasonable person; and (ii) May be redressed under the laws of this state; (3) A description of the categories of data the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) processes as inputs and the outputs the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) produces; (4) If the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) used data to customize the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), an overview of the categories of data the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) used to customize the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (5) An analysis of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3)'s validity and reliability in accordance with contemporary social science standards, and a description of any metrics used to evaluate the performance and known limitations of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (6) A description of any transparency measures taken concerning the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), including any measures taken to disclose to a consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) that the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is in use when the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is in use; (7) A description of the post-deployment monitoring and user safeguards provided concerning the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), including the oversight, use, and learning process established by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to address issues arising from the deployment of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); and (8) When such impact assessment is completed following an intentional and substantial modificationIntentional and substantial modification'Intentional and substantial modification' or 'intentionally and substantially modify' means a deliberate change made to an AI system that results in any increase in or new reasonably foreseeable risk of algorithmic discrimination by such AI system. Such term shall not include a change made to an automated decision system if: (i) The automated decision system continues to learn after the automated decision system is: (I) Offered, sold, leased, licensed, given, or otherwise made available to a deployer; or (II) Deployed; (ii) The change is made to the automated decision system as a result of any learning described in division (i) of this subparagraph; (iii) The change was predetermined by the deployer, or a third party contracted by the deployer, when the deployer or third party completed an initial impact assessment of such automated decision system pursuant to subsection (e) of Code Section 10-16-3; and (iv) The change is included in technical documentation for the automated decision system.O.C.G.A. § 10-16-1(10) to an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), a statement disclosing the extent to which the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) was used in a manner that was consistent with, or varied from, the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)'s intended uses of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3).

(g) 11 If the analysis required by paragraph (2) of subsection (f) of this Code section reveals a risk of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1), the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall not deployDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6) the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) until the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) or deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) takes reasonable steps to search for and implement less discriminatory alternative decision methods.

(h)–(i) A single impact assessment may address a comparable set of automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) deployed by a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7). (i) If a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or a third party contracted by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), completes an impact assessment for the purpose of complying with another applicable law or regulation, the impact assessment shall satisfy the requirements established in this Code section if the impact assessment is reasonably similar in scope and effect to the impact assessment that would otherwise be completed pursuant to this Code section.

(j) 12 A deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall maintain the most recently completed impact assessment for an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), all records concerning each impact assessment, and all prior impact assessments, if any, throughout the period of time that the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is deployed and for at least three years following the final deployment of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3).

(k) 13 At least annually a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or a third party contracted by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), shall review the deployment of each automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) deployed by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to ensure that the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is not causing algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1).

(l) 14 DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall publish on their public websites all impact assessments completed within the preceding three years in a form and manner prescribed by the Attorney General.

Section 10-16-3 imposes the bill's core deployer-side obligations. Subsection (a) prohibits deployers from using automated decision systems in a manner that results in algorithmic discrimination. Subsection (b) requires deployers to implement an iterative risk management policy and program aligned with NIST AI RMF, ISO/IEC 42001, or an AG-designated framework. Subsection (d) requires written procurement standards and error-reporting procedures. Subsection (e) requires pre-deployment and annual impact assessments. Subsection (f) specifies the minimum contents of each impact assessment — including a risk analysis for algorithmic discrimination, accessibility limitations, labor-law violations, and privacy intrusions.

Subsection (g) prohibits deployment when the impact assessment reveals a discrimination risk until reasonable steps to search for and implement less discriminatory alternatives are taken. Subsection (j) imposes a three-year retention requirement for impact assessments. Subsection (k) requires annual reviews to verify no algorithmic discrimination. Subsection (l) requires public posting of impact assessments on the deployer's website.

Compliance actions 8 items
7
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must not use an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) in a manner that results in algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1).
H-02.1
8
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must implement a risk management policy and program governing deployment of each automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3). The program must specify the principles, processes, and personnel the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) uses to identify, document, and mitigate known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1). The program must be iterative — planned, implemented, and regularly and systematically reviewed and updated over the system's lifecycle. The program must take into consideration (1) the NIST AI RMF, ISO/IEC 42001, or another nationally or internationally recognized or AG-designated AI risk management framework, (2) the size and complexity of the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), (3) the nature and scope of the systems deployed, and (4) the sensitivity and volume of data processed. A single program may cover multiple systems. Subject to small-deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) exemption in § 10-16-6.
G-01.1
9
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must establish and adhere to (1) written standards, policies, procedures, and protocols for the acquisition, use of, or reliance on automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) developed by third-party developersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), including reasonable contractual controls ensuring developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) disclosures include all information necessary for the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) to fulfill its obligations; (2) procedures for reporting incorrect information or evidence of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) to the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) for investigation and mitigation; and (3) procedures to remediate and eliminate incorrect information from its automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3).
G-01.3
10
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) (or a contracted third party) must complete a formal impact assessment for each automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) before deployment and at least annually thereafter, and within 90 days after any intentional and substantial modificationIntentional and substantial modification'Intentional and substantial modification' or 'intentionally and substantially modify' means a deliberate change made to an AI system that results in any increase in or new reasonably foreseeable risk of algorithmic discrimination by such AI system. Such term shall not include a change made to an automated decision system if: (i) The automated decision system continues to learn after the automated decision system is: (I) Offered, sold, leased, licensed, given, or otherwise made available to a deployer; or (II) Deployed; (ii) The change is made to the automated decision system as a result of any learning described in division (i) of this subparagraph; (iii) The change was predetermined by the deployer, or a third party contracted by the deployer, when the deployer or third party completed an initial impact assessment of such automated decision system pursuant to subsection (e) of Code Section 10-16-3; and (iv) The change is included in technical documentation for the automated decision system.O.C.G.A. § 10-16-1(10). The assessment must include, at minimum: (1) a statement of purpose, use cases, deployment context, and benefits; (2) analysis of risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1), accessibility limitations, labor-law violations, and privacy intrusions; (3) description of data inputs and outputs; (4) overview of customization data; (5) validity and reliability analysis per contemporary social science standards with performance metrics; (6) description of transparency measures; (7) description of post-deployment monitoring and user safeguards; and (8) for post-modification assessments, a statement on whether the system was used consistently with or varying from the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)'s intended uses. Subject to small-deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) exemption in § 10-16-6.
H-02.3
11
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must not deployDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6) an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) if the impact assessment reveals a risk of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) until the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) or deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) takes reasonable steps to search for and implement less discriminatory alternative decision methods.
H-02.3
12
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must retain the most recently completed impact assessment, all records concerning each impact assessment, and all prior impact assessments throughout the deployment period and for at least three years following the final deployment of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3).
H-02.10
13
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) (or a contracted third party) must review the deployment of each automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) at least annually to ensure that the system is not causing algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1).
H-02.8
14
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must publish on their public websites all impact assessments completed within the preceding three years, in a form and manner prescribed by the Attorney General.
H-02.5
O.C.G.A. § 10-16-4
Consumer notice obligations: pre-decision and post-decision disclosures
Deployer

(a) 15 No later than the time that a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) deploysDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6) an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) to make, or assist in making, a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) concerning a consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5), the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall: (1) Notify the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) that the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) has deployed an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) to make, or assist in making, a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); and (2) Provide to the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5): (A) A statement disclosing the purpose of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) and the nature of the consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); (B) The contact information for the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7); (C) A description, in plain language, of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), which description shall, at a minimum, include: (i) A description of the personal characteristics or attributes that the system will measure or assess; (ii) The method by which the system measures or assesses those attributes or characteristics; (iii) How those attributes or characteristics are relevant to the consequential decisionsConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) for which the system should be used; (iv) Any human components of such system; (v) How any automated components of such system are used to inform such consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); and (vi) A direct link to a publicly accessible page on the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s public website that contains a plain-language description of the logic used in the system, including the key parameters that affect the output of the system; the system's outputs; the types and sources of data collected from natural persons and processed by the system when it is used to make, or assists in making, a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); and the results of the most recent impact assessment, or an active link to a web page where a consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) can review those results; and (D) Instructions on how to access the statement required by Code Section 10-16-5.

(b) 16 A deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) that has used an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) to make, or assist in making, a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) concerning a consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) shall transmit to such consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) within one business day after such decision a notice that includes: (1) A specific and accurate explanation that identifies the principal factors and variables that led to the consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4), including: (A) The degree to which, and manner in which, the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) contributed to the consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); (B) The source or sources of the data processed by the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); and (C) A plain-language explanation of how the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5)'s personal dataPersonal data'Personal data' means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual.O.C.G.A. § 10-16-1(11) informed these principal factors and variables when the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) made, or assisted in making, the consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); (2) Information about consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5)' right to correct, and how the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) can submit corrections and provide supplementary information relevant to, the consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); (3) What actions, if any, the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) might have taken to secure a different decision and the actions that the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) might take to secure a different decision in the future; (4) Information on opportunities to correct any incorrect personal dataPersonal data'Personal data' means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual.O.C.G.A. § 10-16-1(11) that the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) processed in making, or assisting in making, the consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); and (5) Information on opportunities to appeal an adverse consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) concerning the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) arising from the deployment of an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3), which appeal shall, if technically feasible, allow for human review.

(c)–(d) 17 A deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall provide the notice, statement, contact information, and description required by subsections (a) and (b) of this Code section: (A) Directly to the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5); (B) In plain language; (C) In all languages in which the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), in the ordinary course of the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s business, provides contracts, disclaimers, sale announcements, and other information to consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5); and (D) In a format that is accessible to consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) with disabilities. (2) If the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) is unable to provide the notice, statement, contact information, and description directly to the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5), the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall make such information available in a manner that is reasonably calculated to ensure that the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) receives it. (d) No deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall use an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) to make, or assist in making, a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) if it cannot provide notices and explanations that satisfy the requirements of this Code section.

Section 10-16-4 imposes comprehensive consumer-facing notice obligations on deployers. Subsection (a) requires pre-decision notice including notification that an automated decision system will be used, a statement of purpose and nature of the consequential decision, contact information, a detailed plain-language description of the system's attributes, and a link to the deployer's public website with logic descriptions and impact assessment results. Subsection (b) requires a post-decision notice within one business day, including a specific explanation of principal factors, data sources, how the consumer's personal data informed the decision, information on the right to correct data, possible actions to secure a different decision, and information on appeal opportunities with human review if feasible.

Subsection (c) specifies delivery requirements: direct, in plain language, in all languages the deployer ordinarily uses, and accessible to consumers with disabilities. Subsection (d) prohibits deployers from using an automated decision system if they cannot satisfy the notice requirements.

Compliance actions 3 items
15
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must notify the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5), no later than the time the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is deployed to make or assist in making a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4), that an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is being used. DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must also provide the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) with: (1) a statement disclosing the system's purpose and the nature of the consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4); (2) contact information for the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7); (3) a plain-language description of the system, including the personal characteristics or attributes measured, the method of measurement, relevance to the decision, any human components, how automated components inform the decision, and a direct link to a public website page containing a plain-language logic description, key parameters, outputs, data types and sources, and the most recent impact assessment results; and (4) instructions on how to access the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s public website statement required by § 10-16-5.
H-01.3
16
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must transmit to the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) within one business day after an automated consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) a notice including: (1) a specific explanation of the principal factors and variables that led to the decision, including the degree and manner of AI contribution, the data sources processed, and a plain-language explanation of how the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5)'s personal dataPersonal data'Personal data' means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual.O.C.G.A. § 10-16-1(11) informed those factors; (2) information about the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5)'s right to correct data and how to submit corrections and supplementary information; (3) what actions the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) might have taken to secure a different decision and may take in the future; (4) information on opportunities to correct incorrect personal dataPersonal data'Personal data' means any information, including derived data and unique identifiers, that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual or a device that identifies or is linked or reasonably linkable to an individual.O.C.G.A. § 10-16-1(11) processed in the decision; and (5) information on opportunities to appeal an adverse decision, which appeal must allow for human review if technically feasible.
H-01.1
17
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must provide all notices and explanations required by this section directly to the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5), in plain language, in all languages in which the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) ordinarily communicates with consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5), and in a format accessible to consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) with disabilities. If direct delivery is not possible, the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must make the information available in a manner reasonably calculated to ensure the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) receives it. DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must not use an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) to make or assist in making a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) if they cannot satisfy these notice requirements.
H-01.3
O.C.G.A. § 10-16-5
Deployer public website disclosure
Deployer

(a)–(b) 18 Except as provided in Code Section 10-16-6, a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall make available, in a manner that is clear and readily available on the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s public website, a statement summarizing: (1) The types of automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) that are currently deployed by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7); (2) How the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) manages known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) that may arise from the deployment of each such automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); and (3) In detail, the nature, source, and extent of the information collected and used by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7). (b) A deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall periodically update the statement described in subsection (a) of this Code section.

Section 10-16-5 requires deployers to publish and periodically update on their public website a statement summarizing the types of automated decision systems deployed, how they manage algorithmic discrimination risks, and the nature, source, and extent of information collected and used. Subject to the small-deployer exemption in § 10-16-6.

Compliance actions 1 item
18
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) must publish and maintain on their public website a statement summarizing (1) the types of automated decision systemsAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) currently deployed, (2) how the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) manages known or reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) from each system, and (3) in detail, the nature, source, and extent of the information collected and used by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7). The statement must be periodically updated. Subject to small-deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) exemption in § 10-16-6.
G-02.4
O.C.G.A. § 10-16-6
Small-deployer exemption

The provisions of subsections (b) and (e) of Code Section 10-16-3 shall not apply to a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) when: (1) The automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is used to make, or is a contributing factor in making, consequential decisionsConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) about fewer than 1,000 consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) in the preceding calendar year; and (2) At the time the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) deploysDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6) the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) and at all times while the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is deployed: (A) The deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) employs fewer than 15 full-time equivalent employees; (B) The deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) does not use the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s own data to train the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3); (C) The automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) is used for the intended uses that are disclosed to the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) as required by subsection (b) of Code Section 10-16-2; (D) The automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) continues learning based on data derived from sources other than the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s own data; (E) The deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) makes available to consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) any impact assessment that the developer of the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) has completed and provided to the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7); and (F) The deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) makes available to consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) any impact assessment that includes information that is substantially similar to the information in the impact assessment required under subsection (f) of Code Section 10-16-3.

Section 10-16-6 exempts deployers from the risk management program (§ 10-16-3(b)) and impact assessment (§ 10-16-3(e)) obligations when the system affects fewer than 1,000 consumers in the preceding calendar year and the deployer meets six additional conditions: fewer than 15 full-time employees, no use of own data for training, system used within developer's disclosed intended uses, system continues learning only from non-deployer data, developer impact assessments are made available to consumers, and assessments include information substantially similar to the impact assessment required under § 10-16-3(f).

O.C.G.A. § 10-16-7
Deployer algorithmic discrimination incident reporting
Deployer

19 If a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) deploysDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6) an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) and subsequently discovers that the automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) has caused algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1), the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), without unreasonable delay, but no later than 90 days after the date of the discovery, shall send to the Attorney General, in a form and manner prescribed by the Attorney General, a notice disclosing the discovery.

Section 10-16-7 requires deployers to notify the Attorney General within 90 days of discoveringthat a deployed automated decision system has caused algorithmic discrimination.

Compliance actions 1 item
19
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) that discover a deployed automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) has caused algorithmic discriminationAlgorithmic discrimination'Algorithmic discrimination' means the use of an artificial intelligence system in a manner that discriminates, causes a disparate impact, or otherwise makes unavailable the equal enjoyment of goods, services, or other activities or opportunities as related to a consequential decision on the basis of actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, pursuit or receipt of reproductive healthcare, sex, sexual orientation, gender identity, veteran status, or other classification protected under the laws of this state or federal law. Such term shall not include: (i) The offer, license, or use of an automated decision system by a developer or deployer for the sole purpose of: (I) The developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (II) Expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (ii) An act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal Civil Rights Act of 1964, 42 U.S.C. Section 2000a(e), as amended.O.C.G.A. § 10-16-1(1) must send a notice disclosing the discovery to the Attorney General, in a form and manner prescribed by the Attorney General, without unreasonable delay but no later than 90 days after the date of discovery.
R-01.3
O.C.G.A. § 10-16-8
Deployer trade-secret redaction protections

A deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) who discloses information to the Attorney General, to a consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5), or to the general public pursuant to this chapter may make reasonable redactions for the purpose of protecting trade secretsTrade secret'Trade secret' shall have the same meaning as set forth in Code Section 10-1-761.O.C.G.A. § 10-16-1(12). To the extent that a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) redacts or withholds information pursuant to this Code section, the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall notify the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) and provide a basis for the redaction or withholding. Such notification shall comply with the requirements of subsection (c) of Code Section 10-16-4.

Section 10-16-8 permits deployers to make reasonable trade-secret redactions from disclosures required by the chapter, provided the deployer notifies the consumer and provides a basis for the redaction in compliance with the delivery requirements of § 10-16-4(c).

O.C.G.A. § 10-16-9
Attorney General on-demand document production (deployer)
Deployer

20 The Attorney General may require that a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or a third party contracted by the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), disclose to the Attorney General, no later than seven days after and in a form and manner prescribed by the Attorney General, any documentation or records required by this chapter. The Attorney General may evaluate the risk management policy, impact assessment, or records to ensure compliance with this chapter, and the risk management policy, impact assessment, and such records, notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to open records, shall not be open to inspection by or made available to the public. In a disclosure pursuant to this Code section, a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) may designate the statement or documentation as including proprietary information or a trade secretTrade secret'Trade secret' shall have the same meaning as set forth in Code Section 10-1-761.O.C.G.A. § 10-16-1(12). To the extent that any information contained in the risk management policy, impact assessment, or records is subject to attorney-client privilege or work-product protection, the disclosure does not constitute a waiver of the privilege or protection.

Section 10-16-9 authorizes the Attorney General to require deployers to produce any documentation or records required by the chapter within seven days. Records are exempt from Georgia's open-records law. Deployers may designate materials as proprietary or trade-secret, and disclosure does not waive attorney-client privilege or work-product protection.

Compliance actions 1 item
20
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) (or contracted third parties) must produce any documentation or records required by this chapter to the Attorney General within seven days of a request, in a form and manner prescribed by the Attorney General. Records disclosed are exempt from Georgia's open-records requirements. DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) may designate materials as proprietary or trade secretTrade secret'Trade secret' shall have the same meaning as set forth in Code Section 10-1-761.O.C.G.A. § 10-16-1(12), and disclosure does not waive attorney-client privilege or work-product protection.
R-02.2
O.C.G.A. § 10-16-10
Non-defense provision (deployer)

A deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s compliance with the provisions of this chapter shall not constitute a defense in a civil or administrative action regarding claims that the deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) violated any other provision of this chapter or any other law.

Section 10-16-10 provides that a deployer's compliance with this chapter does not constitute a defense in a civil or administrative action for violations of other provisions of the chapter or any other law. This creates no independent compliance obligation.

O.C.G.A. § 10-16-11
AI identity disclosure for consumer-facing AI systems
DeployerDeveloper

(a)–(b) 21 Except as provided in subsection (b) of this Code section, a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) or other developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) that deploysDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6), offers, sells, leases, licenses, gives, or otherwise makes available an artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) that is intended to interact with consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) shall ensure the disclosure to each consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) who interacts with the artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) that the consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) is interacting with an artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2). (b) Disclosure is not required under subsection (a) of this Code section under circumstances in which it would be obvious to a reasonable person that the person is interacting with an artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2).

Section 10-16-11 requires deployers and developers that deploy, offer, sell, lease, license, give, or otherwise make available an AI system intended to interact with consumers to disclose to each consumer that they are interacting with an AI system. Disclosure is not required when it would be obvious to a reasonable person that they are interacting with AI.

Compliance actions 1 item
21
DeployersDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) and developersDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) that deployDeploy'Deploy' means to use an automated decision system.O.C.G.A. § 10-16-1(6), offer, sell, lease, license, give, or otherwise make available an AI system intended to interact with consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) must disclose to each interacting consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) that they are interacting with an AI system. Disclosure is not required where it would be obvious to a reasonable person that the interaction is with AI.
T-01.1
O.C.G.A. § 10-16-12
Exemptions and savings clauses

(a)–(d) Nothing in this chapter shall be construed to restrict a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8)'s, a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7)'s, or other person's ability to: (1) Comply with federal, state, or municipal laws, ordinances, or regulations; (2) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, municipal, or other governmental authority; (3) Cooperate with a law enforcement agency concerning conduct or activity that the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or other person reasonably and in good faith believes may violate federal, state, or municipal laws, ordinances, or regulations; (4) Comply with the rules of evidence in an ongoing court proceeding; (5) Take immediate steps to protect an interest that is essential for the life or physical safety of a consumerConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) or another individual; (6) Conduct research, testing, and development activities regarding an artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) or model, other than testing conducted under real-world conditions, before the artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) or model is used to make, or assist in making, a consequential decisionConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4), or is otherwise placed on the market, deployed, or put into service, as applicable; (7) Effectuate a product recall; or (8) Assist another developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or person with any of the obligations imposed under this chapter. (b) Nothing in this chapter applies to any artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) that is acquired by or for the federal government or any federal agency or department, including the United States Department of Commerce, the United States Department of Defense, or the National Aeronautics and Space Administration, unless the artificial intelligence systemArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) is an automated decision systemAutomated decision system'Automated decision system' means a computational process derived from machine learning, statistical modeling, data analytics, or an artificial intelligence system that, when deployed, issues a simplified output, including, but not limited to, a score, classification, or recommendation, that is used to assist or replace human discretionary decision making and materially impacts natural persons. Such term shall not include a tool that does not assist or replace processes for making consequential decisions and that does not materially impact natural persons, including, but not limited to, a junk email filter, firewall, antivirus software, calculator, spreadsheet, or other tool that does no more than organize data already in possession of the deployer of the automated decision system.O.C.G.A. § 10-16-1(3) that is used to make, or assist in making, a decision concerning employment or housing. (c) If a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), a deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or other person engages in an action pursuant to an exemption set forth in this Code section, such developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or other person bears the burden of demonstrating that the action qualifies for the exemption. (d) If a developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) or deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) withholds information pursuant to an exemption set forth in this Code section for which disclosure would otherwise be required by this chapter, such developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8) or deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7) shall notify the subject of disclosure and provide a basis for withholding the information. Such notification shall comply with the requirements of subsection (c) of Code Section 10-16-4.

Section 10-16-12 provides a broad set of exemptions, including for compliance with other laws, law enforcement cooperation, R&D activities (excluding real-world testing), product recalls, and assisting other entities with chapter obligations. It also exempts AI systems acquired by the federal government or federal agencies unless the system is an automated decision system used for employment or housing decisions. The burden of demonstrating exemption applicability falls on the developer/deployer, and any withholding of information under an exemption requires notification to the subject of disclosure.

O.C.G.A. § 10-16-13
Enforcement, affirmative defense, and preservation of existing rights

(a)–(d) A violation of the requirements established in this chapter shall be enforceable through the provisions of Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' (b) In any action commenced by the Attorney General to enforce this chapter, it is an affirmative defense that the developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or other person: (1) Discovers a violation of this chapter as a result of: (A) Adversarial testing or red teaming, as those terms are defined or used by the National Institute of Standards and Technology; or (B) An internal review process; (2) Cures the violation within seven days and reports the violation to the Attorney General and any affected consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5); (3) Is otherwise in compliance with the provisions of this chapter and: (A) The latest version of the Artificial Intelligence Risk Management Framework published by the National Institute of Standards and Technology of the United States Department of Commerce and standard ISO/IEC 42001 of the International Organization for Standardization; (B) Another nationally or internationally recognized risk management framework for artificial intelligence systemsArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2), if the standards are substantially equivalent to or more stringent than the requirements of this chapter; or (C) Any risk management framework for artificial intelligence systemsArtificial intelligence system'Artificial intelligence system' or 'AI system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-16-1(2) that the Attorney General, in the Attorney General's discretion, may designate and, if designated, shall publicly disseminate; and (4) Demonstrates that the violation was inadvertent, affected fewer than 100 consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5), and could not have been discovered through reasonable diligence. (c) A developerDeveloper'Developer' means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.O.C.G.A. § 10-16-1(8), deployerDeployer'Deployer' means a person doing business in this state that deploys an automated decision system.O.C.G.A. § 10-16-1(7), or other person bears the burden of demonstrating to the Attorney General that the requirements of subsection (b) of this Code section have been satisfied. (d) Nothing in this chapter, including the enforcement authority granted to the Attorney General under this Code section, preempts or otherwise affects any right, claim, remedy, presumption, or defense available at law or in equity. A rebuttable presumption or affirmative defense established under this chapter applies only to an enforcement action brought by the Attorney General pursuant to this Code section and does not apply to any right, claim, remedy, presumption, or defense available at law or in equity.

Section 10-16-13 establishes the enforcement framework. Violations are enforceable through Georgia's Fair Business Practices Act of 1975. An affirmative defense is available in AG enforcement actions if the entity discovered the violation through adversarial testing, red teaming, or internal review, cured within seven days with notice to the AG and consumers, is otherwise in compliance with the chapter and a recognized AI risk management framework (NIST AI RMF, ISO/IEC 42001, or AG-designated), and the violation was inadvertent, affected fewer than 100 consumers, and could not have been discovered through reasonable diligence. The section expressly preserves all existing rights, claims, remedies, presumptions, and defenses at law or in equity, and limits the statutory affirmative defense to AG enforcement actions only.

O.C.G.A. § 10-16-14
Attorney General rulemaking authority

The Attorney General may promulgate rules as necessary for the purpose of implementing and enforcing this chapter.

Section 10-16-14 grants the Attorney General rulemaking authority to implement and enforce the chapter.

O.C.G.A. § 10-16-15
Remedial purpose and rules of construction

This chapter is declared to be remedial, with the purposes of protecting consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) and ensuring consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) receive information about consequential decisionsConsequential decision'Consequential decision' means a decision that has a material effect on the provision or denial to any consumer of, or on the cost or terms of: (A) Education enrollment or education opportunities; (B) Employment or employment opportunities; (C) Essential government services; (D) Financial or lending services; (E) Healthcare services; (F) Housing; (G) Insurance; or (H) Legal services.O.C.G.A. § 10-16-1(4) affecting them. The provisions of this chapter granting rights or protections to consumersConsumer'Consumer' means an individual who is a Georgia resident.O.C.G.A. § 10-16-1(5) shall be construed broadly and exemptions construed narrowly.

Section 10-16-15 declares the chapter remedial, with the purposes of protecting consumers and ensuring they receive information about consequential decisions. Consumer rights and protections are to be construed broadly; exemptions are to be construed narrowly.

Passage Likelihood

Low
Status Introduced
Chamber No passage
Committee No action
Majority party No
Bipartisan No
Prior session None

Legislative History

2025-02-12 Senate Hopper
2025-02-13 Senate Read and Referred

Entry Last Reviewed

2026-05-20
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