WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This act shall be known and may be cited as the "Ethical Artificial IntelligenceEthical artificial intelligence"Ethical artificial intelligence" means automated decision tools that are developed and deployed with reasonable efforts by the developer and the deployer to: a. minimize unlawful discriminatory or biased outputs or applications, b. ensure that automated decision tools are being operated reliably, safely, and consistently, c. protect the data of natural persons by incorporating robust privacy and data security measures, d. prioritize transparency so that the behavior and functional components of automated decision tools can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes, and e. promote individual rights and minimize reasonably foreseeable harm to individuals resulting from use of the automated decision tool;75A O.S. § 1001(7) Act".
This section establishes the short title of the act as the Ethical Artificial Intelligence Act. It creates no compliance obligations.
1–10 As used in this act: 1. "Algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law;75A O.S. § 1001(1)" means the condition in which an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.75A O.S. § 1001(9), marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law; 2. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment;75A O.S. § 1001(2)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment; 3. "Automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3)" means a system or service that uses artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment;75A O.S. § 1001(2) and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisionsConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4); 4. "Consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4)" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties; 5. "DeployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5)" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) to make a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4); 6. "DeveloperDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6)" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3), or substantially modifies an artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing a real or virtual environment;75A O.S. § 1001(2) system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisionsConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4), whether for its own use or for use by the deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5); 7. "Ethical artificial intelligenceEthical artificial intelligence"Ethical artificial intelligence" means automated decision tools that are developed and deployed with reasonable efforts by the developer and the deployer to: a. minimize unlawful discriminatory or biased outputs or applications, b. ensure that automated decision tools are being operated reliably, safely, and consistently, c. protect the data of natural persons by incorporating robust privacy and data security measures, d. prioritize transparency so that the behavior and functional components of automated decision tools can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes, and e. promote individual rights and minimize reasonably foreseeable harm to individuals resulting from use of the automated decision tool;75A O.S. § 1001(7)" means automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) that are developed and deployed with reasonable efforts by the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) and the deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) to: a. minimize unlawful discriminatory or biased outputs or applications, b. ensure that automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) are being operated reliably, safely, and consistently, c. protect the data of natural persons by incorporating robust privacy and data security measures, d. prioritize transparency so that the behavior and functional components of automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes, and e. promote individual rights and minimize reasonably foreseeable harm to individuals resulting from use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3); 8. "Impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.75A O.S. § 1001(8)" means a documented risk-based evaluation of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) that meets the criteria of this chapter. 9. "SexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.75A O.S. § 1001(9)" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation. 10. "Significant updateSignificant update"Significant update" means a new version, new release, or other update to an automated decision tool that materially changes its principal use, principal intended use, or expected outcome.75A O.S. § 1001(10)" means a new version, new release, or other update to an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) that materially changes its principal use, principal intended use, or expected outcome.
This section defines ten key terms used throughout the Act, including algorithmic discrimination, automated decision tool, consequential decision, deployer, developer, ethical artificial intelligence, impact assessment, and significant update. The definition of consequential decision is notably broad, covering employment, education, housing, utilities, family planning, healthcare, financial services, criminal justice, legal services, voting, and access to benefits.
(A) 1 By January 1, 2025, and annually thereafter, a deployer of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) must complete and document an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.75A O.S. § 1001(8) for any automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) the deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) uses that includes all of the following: 1. A statement of the purpose of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) and its intended benefits, uses, and deployment contexts; 2. A description of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3)'s outputs and how they are used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4); 3. A summary of the types of data collected from natural persons and processed by the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) when it is used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4); 4. A statement of the extent to which the deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5)'s use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) is consistent with or varies from the statement required of the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) by Section 5 of this act; 5. An assessment of the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law;75A O.S. § 1001(1) arising from the use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) known to the deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) at the time of the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.75A O.S. § 1001(8); 6. A description of the safeguards implemented, or that will be implemented, by the deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) to align use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) with principles of ethical artificial intelligenceEthical artificial intelligence"Ethical artificial intelligence" means automated decision tools that are developed and deployed with reasonable efforts by the developer and the deployer to: a. minimize unlawful discriminatory or biased outputs or applications, b. ensure that automated decision tools are being operated reliably, safely, and consistently, c. protect the data of natural persons by incorporating robust privacy and data security measures, d. prioritize transparency so that the behavior and functional components of automated decision tools can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes, and e. promote individual rights and minimize reasonably foreseeable harm to individuals resulting from use of the automated decision tool;75A O.S. § 1001(7) and to address any reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law;75A O.S. § 1001(1) arising from the use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3); 7. A description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) will be used by a natural person, or monitored when it is used, to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4); and 8. A description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) has been or will be evaluated for validity or relevance.
(B) 2 By January 1, 2025, and annually thereafter, a developer of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) must complete and document an impact assessment of any automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) that it designs, codes, or produces that includes all of the following: 1. A statement of the purpose of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) and its intended benefits, uses, and deployment contexts; 2. A description of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3)'s outputs and how they are used, as intended, to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4); 3. A summary of the types of data collected from natural persons and processed by the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) when it is used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4); 4. An assessment of the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law;75A O.S. § 1001(1) arising from the intended use or foreseeable misuse of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3); 5. A description of the measures taken by the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) to incorporate principles of ethical artificial intelligenceEthical artificial intelligence"Ethical artificial intelligence" means automated decision tools that are developed and deployed with reasonable efforts by the developer and the deployer to: a. minimize unlawful discriminatory or biased outputs or applications, b. ensure that automated decision tools are being operated reliably, safely, and consistently, c. protect the data of natural persons by incorporating robust privacy and data security measures, d. prioritize transparency so that the behavior and functional components of automated decision tools can be understood in order to enable the identification of performance issues, safety and privacy concerns, biases, exclusionary practices, and unintended outcomes, and e. promote individual rights and minimize reasonably foreseeable harm to individuals resulting from use of the automated decision tool;75A O.S. § 1001(7) and to mitigate the risk known to the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law;75A O.S. § 1001(1) arising from the use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3); and 6. A description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) is intended to be used by a natural person, or monitored when it is used, to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: a. employment, workers management, or self-employment, including, but not limited to: (1) pay or promotion, (2) hiring or termination, and (3) automated task allocation that automatically limits, segregates, or classifies employees based on individual behavior or performance for the purpose of assigning or determining material terms or conditions of employment, b. education and vocational training, including, but not limited to: (1) assessment, including, but not limited to, detecting student cheating or plagiarism, (2) accreditation, (3) certification, (4) admissions, and (5) financial aid or scholarships, c. housing or lodging, including rental or short-term housing or lodging, d. essential utilities, including electricity, heat, water, internet or telecommunications access, or transportation, e. family planning, including adoption services or reproductive services, as well as assessments related to child protective services, f. health care or health insurance, including mental health care, dental, or vision, g. financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor, h. the criminal justice system, including, but not limited to, risk assessments for pretrial hearings, sentencing, and parole, i. legal services, including private arbitration or mediation, j. voting, and k. access to benefits or services or assignment of penalties;75A O.S. § 1001(4).
(C) 3 A deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) or developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) must, in addition to the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.75A O.S. § 1001(8) required by subsections A and B of this section, perform, as soon as feasible, an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.75A O.S. § 1001(8) with respect to any significant updateSignificant update"Significant update" means a new version, new release, or other update to an automated decision tool that materially changes its principal use, principal intended use, or expected outcome.75A O.S. § 1001(10).
(D)–(E) 4 D. Upon the request of the Office of the Attorney General, a developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) or deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) must provide any impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.75A O.S. § 1001(8) that it performed pursuant to this section to the office of the Attorney General. E. Impact assessmentsImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of this chapter.75A O.S. § 1001(8) provided pursuant to subsection D of this section are confidential and exempt from records requests.
This section creates the Act's core documentation obligation: annual impact assessments for both deployers and developers of automated decision tools. Deployers must complete an eight-element assessment covering the tool's purpose, outputs, data types, consistency with developer statements, discrimination risks, safeguards, human oversight mechanisms, and validation evaluations. Developers must complete a parallel six-element assessment covering purpose, outputs, data types, discrimination risks, ethical AI measures, and intended human use patterns.
Both deployers and developers must also perform additional impact assessments for any significant update. Completed assessments must be provided to the Office of the Attorney General upon request, but are treated as confidential and exempt from open records requests.
5 A developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) must provide a deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) with a statement regarding the intended uses of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) and documentation regarding all of the following: 1. The known limitations of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3), including any reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law;75A O.S. § 1001(1) arising from its intended use; 2. A description of the types of data used to program or train the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3); and 3. A description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) was evaluated for validity and the ability to be explained before sale or licensing.
This section requires developers to furnish deployers with a statement of intended uses and documentation covering three categories: the tool's known limitations (including algorithmic discrimination risks), the types of training data used, and how the tool was evaluated for validity and explainability prior to sale or licensing. This obligation ensures deployers have the information they need to complete their own impact assessments under § 1002(A).
6 A developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) must make publicly available, in a readily accessible manner, a clear policy that provides a summary of both of the following: 1. The types of automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) currently made available to others by the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6); and 2. How the developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) manages the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law;75A O.S. § 1001(1) that may arise from the use of the automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) it currently makes available to others.
This section requires developers to publish a publicly accessible policy summarizing the types of automated decision tools they currently make available and how they manage reasonably foreseeable risks of algorithmic discrimination. This is a public transparency obligation directed at developers, independent of the confidential impact assessment required under § 1002.
(A)(1) The Attorney General may bring an action in the name of the state, or on behalf of persons residing in the state, to enforce this act. For actions brought by the Attorney General to enforce this act, a violation of this act is an unfair or deceptive act in trade or commerce for the purpose of applying the Oklahoma Consumer Protection Act, Section 751 et seq. of Title 15 of the Oklahoma Statutes.
(A)(2) The Office of the Attorney General, before commencing an action under the Oklahoma Consumer Protection Act, Section 751 et seq. of Title 15 of the Oklahoma Statutes, must provide forty-five (45) days written notice to a deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) or developer of the alleged violation of this act and provide the deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) or developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) with an opportunity to cure the alleged violation. The developerDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) or deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) may cure the noticed violation within forty-five (45) days of receiving the written notice.
(B) Nothing in this act shall be construed to limit or otherwise affect the obligations of developersDeveloper"Developer" means a person, partnership, state or local government agency, or corporation that designs, codes, or produces an automated decision tool, or substantially modifies an artificial intelligence system or service for the known intended purpose of making, or being a controlling factor in making, consequential decisions, whether for its own use or for use by the deployer;75A O.S. § 1001(6) and deployersDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) under applicable laws, rules, or regulations relating to data privacy or security.
This section establishes the Attorney General's enforcement authority. Violations of the Act are treated as unfair or deceptive acts under the Oklahoma Consumer Protection Act (15 O.S. § 751 et seq.). The AG must provide 45 days' written notice before commencing an action, during which the developer or deployer may cure the alleged violation. A savings clause preserves all existing obligations under data privacy and security laws.
(A)–(B) 7 A. A deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) shall not use an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) that results in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people on the basis of race, color, national origin, citizen or immigration status, families with children, creed, religious belief or affiliation, sex, marital status, the presence of any sensory, mental, or physical disability, age, honorably discharged veteran or military status, sexual orientation, gender expression or gender identity, or any other protected class under Federal or Oklahoma law;75A O.S. § 1001(1). B. A violation of subsection A of this section shall constitute discrimination. Harmed parties shall have the right to file a complaint with the Office of the Attorney General and to bring a civil action.
This section imposes a substantive prohibition: deployers may not use an automated decision tool that results in algorithmic discrimination. A violation constitutes discrimination, and harmed parties have both a right to file a complaint with the Office of the Attorney General and a private right of action. Notably, this is the only section of the Act that creates a private cause of action — all other enforcement is AG-initiated under § 1005.
This act does not apply to a deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) with fewer than fifty (50) employees unless, as of the end of the prior calendar year, the deployerDeployer"Deployer" means a person, partnership, state or local government agency, or corporation that uses or modifies an automated decision tool to make a consequential decision;75A O.S. § 1001(5) deployed an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions;75A O.S. § 1001(3) that affected more than nine-hundred ninety-nine (999) people per year.
This section establishes a small-deployer exemption: the Act does not apply to deployers with fewer than 50 employees unless the deployer's automated decision tool affected more than 999 people in the prior calendar year. There is no parallel exemption for developers.
This act shall become effective November 1, 2024.
This section sets the effective date of the Act as November 1, 2024. The bill was not enacted.