WHAT THIS BILL REGULATES · 7 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(7) The legislature finds that: (1) Washington is a technology leader on a national and global level and holds a distinctive position in creating frameworks around technology that enhance innovation while protecting consumers and promoting fairness, accountability, and transparency for all Washingtonians. (2) Automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) are rapidly being adopted to make or assist in core decisions in a variety of government and business functions, including criminal justice, health care, education, employment, public benefits, insurance, and commerce. (3) These automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) are currently unregulated, may be deployed without public notice, and vendors selling the systems may require restrictive contractual provisions that undermine government transparency and accountability. (4) The average Washington resident is unlikely to understand processes used by these automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6), yet these systems are increasingly used to make core government and business decisions impacting the civil rights and liberties of Washingtonians, raising significant concerns around due process, fairness, accountability, and transparency. (5) A growing body of research shows that reliance on automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) without adequate transparency, oversight, or safeguards can undermine market predictability, harm consumers, and deny historically disadvantaged or vulnerable groups the full measure of their civil rights and liberties. (6) Research has shown that even the most innocent looking management tools often incorporate and compound the assumptions of institutional racism and other unfounded stereotypes. It is a matter of good governance to ensure that agencies consider whether the technologies they useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) improperly advantage or disadvantage Washington residents. (7) In order to enhance innovation and ensure the use of these systems in ways that benefit Washington residents, the legislature intends to ensure the fair, transparent, and accountable useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) of automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6).
Section 1 sets forth legislative findings explaining the rationale for regulating government use of automated decision systems. It notes Washington's position as a technology leader, the rapid adoption of automated decision systems across government functions, the lack of current regulation, and the potential for these systems to undermine civil rights, due process, and market predictability. These findings create no independent compliance obligations.
(1)–(9) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "AgencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1)" or "public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1)" means any entity meeting the definition of "public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1)" as defined in RCW 42.30.020. (2) "AlgorithmAlgorithm"Algorithm" means a computerized procedure consisting of a set of steps to accomplish a determined task.Sec. 2(2)" means a computerized procedure consisting of a set of steps to accomplish a determined task. (3) "Algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3)" means the report with content enumerated in section 5(6) of this act. (4) "Algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4)" means: (a) For a state agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1), the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) is located or such other department head as may be designated by the executive of that county. (5) "Artificial intelligence-enabled profilingArtificial intelligence-enabled profiling"Artificial intelligence-enabled profiling" means the automated or semiautomated process by which the external or internal characteristics of an individual are analyzed to determine, infer, or characterize an individual's state of mind, character, propensities, protected class status, political affiliation, religious beliefs or religious affiliation, immigration status, or employability.Sec. 2(5)" means the automated or semiautomated process by which the external or internal characteristics of an individual are analyzed to determine, infer, or characterize an individual's state of mind, character, propensities, protected class status, political affiliation, religious beliefs or religious affiliation, immigration status, or employability. (6)(a) "Automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6)" means any algorithmAlgorithm"Algorithm" means a computerized procedure consisting of a set of steps to accomplish a determined task.Sec. 2(2), including one incorporating machine learning or other artificial intelligence techniques, that usesUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6)" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs. (7) "Automated final decision systemAutomated final decision system"Automated final decision system" means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.Sec. 2(7)" means an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) that makes final decisions, judgments, or conclusions without human intervention. (8) "Automated support decision systemAutomated support decision system"Automated support decision system" means an automated decision system that provides information to inform the final decision, judgment, or conclusion of a human decision maker.Sec. 2(8)" means an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) that provides information to inform the final decision, judgment, or conclusion of a human decision maker. (9) "UseUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9)" means to operate an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) or to contract with a third party to operate an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) to automate, aid, or replace any decision-making process that would otherwise be made by an agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1).
Section 2 establishes the defined terms used throughout the chapter. The central term is automated decision system, which covers any algorithm — including machine learning or AI — that uses data-based analysis to make or support government decisions causing differential treatment of Washington residents. The definition excludes purely internal optimization tools. The section also distinguishes between automated final decision systems (no human intervention) and automated support decision systems (human makes the final call), and defines artificial intelligence-enabled profiling as automated analysis of individual characteristics to infer mental state, character, protected class status, or employability.
1 By January 1, 2022, the Washington state chief information officer shall adopt rules pursuant to chapter 34.05 RCW regarding the development, procurement, and useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) of automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) by a public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1). These rules must incorporate the minimum standards and procedures set forth in sections 4 and 5 of this act with respect to automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) including, but not limited to, a definition of systematic discrimination or less favorable treatment as set forth in section 4(1) of this act. In adopting the rules, the Washington state chief information officer must consult with representatives of communities whose rights are disproportionately impacted by automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) as demonstrated by current studies.
Section 3 directs the Washington State Chief Information Officer to adopt rules by January 1, 2022 governing the development, procurement, and use of automated decision systems by public agencies. The rules must incorporate the minimum standards in Sections 4 and 5 and must include a definition of systematic discrimination. The CIO must consult with representatives of communities disproportionately impacted by automated decision systems.
(1) 2 A public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) may not develop, procure, or useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) that discriminates against an individual, or treats an individual less favorably than another, in whole or in part, on the basis of one or more factors enumerated in RCW 49.60.010. A public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) may not develop, procure, or useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) an automated final decision systemAutomated final decision system"Automated final decision system" means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.Sec. 2(7) to make a decision impacting the constitutional or legal rights, duties, or privileges of any Washington resident, or to deploy or trigger any weapon.
(2) 3 A public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) may not operate, install, or commission the operation or installation of equipment incorporating artificial intelligence-enabled profilingArtificial intelligence-enabled profiling"Artificial intelligence-enabled profiling" means the automated or semiautomated process by which the external or internal characteristics of an individual are analyzed to determine, infer, or characterize an individual's state of mind, character, propensities, protected class status, political affiliation, religious beliefs or religious affiliation, immigration status, or employability.Sec. 2(5) in any place of public resort, accommodation, assemblage, or amusement, as defined in RCW 49.60.040, or useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) artificial intelligence-enabled profilingArtificial intelligence-enabled profiling"Artificial intelligence-enabled profiling" means the automated or semiautomated process by which the external or internal characteristics of an individual are analyzed to determine, infer, or characterize an individual's state of mind, character, propensities, protected class status, political affiliation, religious beliefs or religious affiliation, immigration status, or employability.Sec. 2(5) to make decisions that produce legal effects or similarly significant effects concerning individuals. Decisions that include legal effects or similarly significant effects concerning consumers include, without limitation, denial or degradation of consequential services or support, such as financial or lending services, housing, insurance, educational enrollment, criminal justice, employment opportunities, health care services, and access to basic necessities, such as food and water.
(3) 4 A public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) shall develop, procure, or useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) only after the public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) first completes an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3), provided that for automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) in useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) on the effective date of this section, a public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) has until January 1, 2023, to complete an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) on such a system and to comply with the requirements of subsection (4) of this section.
(4)(a) 5 A public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) that develops, procures, or usesUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) must follow any conditions set forth in the relevant approved algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3). In addition, the public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) must, at a minimum: (a) Give clear notice in plain language to an individual impacted by the automated decision system of the following: (i) The fact that the system is in useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9); (ii) The system's name, vendor, and version; (iii) What decision or decisions it will be used to make or support; (iv) Whether it is an automated final decision systemAutomated final decision system"Automated final decision system" means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.Sec. 2(7) or automated support decision systemAutomated support decision system"Automated support decision system" means an automated decision system that provides information to inform the final decision, judgment, or conclusion of a human decision maker.Sec. 2(8) and whether and through what process a human verifies or confirms decisions made by the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6); (v) What policies and guidelines apply to its deployment; and (vi) How an individual may contest any decision made involving the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) as required pursuant to this section;
(4)(b) 6 Ensure the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) and the data used to develop the system are made freely available by the vendor before, during, and after deployment for agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) or independent third-party testing, auditing, or research to understand its impacts, including potential bias, inaccuracy, or disparate impacts;
(4)(c) 7 Ensure that any decision made or informed by the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) is subject to appeal, immediate suspension if a legal right, duty, or privilege is impacted by the decision, and potential reversal by a human decision maker through a timely process not to exceed 20 days, and clearly described and accessible to an individual impacted by the decision; and
(4)(d) 8 Ensure the agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) can explain the basis for its decision to any impacted individual in terms understandable to a layperson including, without limitation, by requiring the vendor to create such an explanation.
(5) 9 A procurement contract for an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) entered into by a public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) after the effective date of this section must ensure that the minimum standards set forth in this section are able to be effectuated without impairment, including requiring the vendor to waive any legal claims that may impair these minimum standards. Such a contract may not contain nondisclosure or other provisions that prohibit or impair these minimum standards.
Section 4 sets out the core substantive obligations governing government use of automated decision systems. It establishes three categories of prohibition: outright bans on discriminatory systems, bans on automated final decision systems in constitutional-rights contexts and weapons deployment, and bans on AI-enabled profiling in public accommodations. It then imposes affirmative pre-deployment and operational requirements — an algorithmic accountability report must be completed before use, agencies must give plain-language notice to affected individuals, the system and its training data must be made available for independent testing, decisions must be subject to appeal and human review within 20 days, and agencies must be able to explain any decision in layperson terms. Procurement contracts must preserve all these minimum standards and require vendors to waive legal claims that would impair them.
(1) 10 Agencies already using an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) as of the effective date of this section must comply with all provisions and procedures set forth in this chapter by January 1, 2023. If such an agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) is not in compliance by that date, the agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) must immediately cease use of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) until such time as compliance is achieved.
(2) 11 A public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) intending to newly develop, procure, or useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) between the effective date of this section and January 1, 2024, must, at least one month prior to procurement of, or if internally developed, implementation of, such a system produce and file with the applicable algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) for that system.
(3) 12 An agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) intending to develop, procure, or useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) for implementation after January 1, 2024, must submit an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) to the applicable algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) and obtain approval or conditional approval prior to any use of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6). The algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) must post the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) on the algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4)'s public website and invite public comment on the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) for a period of no less than 30 days.
(4) After receiving public comment, the algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) must determine whether the intended use of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) meets the minimum standards set forth in section 4 of this act. On the basis of that determination, the algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) may approve the use of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) in accordance with rules and procedures set forth in the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3), deny it, or make changes to rules and procedures set forth in the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) prior to approval.
(5) 13 Except as provided in subsections (1) and (2) of this section, no agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) may develop, procure, or useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) prior to obtaining the approval required in this section, and after approval, such an agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) may useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) only in accordance with the policies and procedures set forth in the approved algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3).
(6)(a)–(j) 14 Each algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) must include clear and understandable statements of the following: (a) The automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6)'s name, vendor, and version; (b) A description of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6)'s general capabilities, including reasonably foreseeable capabilities outside the scope of the agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1)'s proposed useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) and whether the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) is used or may be used to deploy or trigger any weapon; (c)(i) The type or types of data inputs that the technology usesUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9); (ii) how that data is generated, collected, and processed; and (iii) the type or types of data the system is reasonably likely to generate; (d) Whether the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) has been tested by an independent third party, has a known bias, or is untested for bias; (e) A description of the purpose and proposed use of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6), including: What decision or decisions it will be used to make or support; whether it is an automated final decision systemAutomated final decision system"Automated final decision system" means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.Sec. 2(7) or automated support decision systemAutomated support decision system"Automated support decision system" means an automated decision system that provides information to inform the final decision, judgment, or conclusion of a human decision maker.Sec. 2(8); and its intended benefits, including any data or research demonstrating those benefits; (f) A description of how the agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) plans to comply with each requirement set forth in section 4 of this act; (g) Whether the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) makes decisions affecting the constitutional or legal rights, duties, or privileges of any Washington resident; (h) A description of any potential impacts of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) on civil rights and liberties and potential disparate impacts on marginalized communities, and a mitigation plan; (i) Whether any of the decision criteria are mandated by statute and, if so, which criteria and by what statutes; (j) A clear useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) and data management policy, including specific protocols for the following: (i) How and when the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) will be deployed or used and by whom including, but not limited to: The factors that will be used to determine where, when, and how the technology is deployed; and other relevant information, such as whether the technology will be operated continuously or used only under specific circumstances. If the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) will be operated or used by another entity on the agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1)'s behalf, the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) must explicitly include a description of the other entity's access and any applicable protocols; (ii) Any additional rules that will govern use of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) and what processes will be required prior to each use of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6); (iii) How automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) data will be securely stored and accessed, and whether an agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) intends to share access to the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) or the data from that automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) with any other entity, and why; (iv) How the agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) will ensure that all personnel who operate the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) or access its data are properly trained and able to ensure compliance with the useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) and data management policy prior to use of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6); (v) A description of any public or community engagement held and any future public or community engagement plans in connection with the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6); and (vi) A description of the fiscal impact of the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6), including: Initial acquisition costs; ongoing operating costs such as maintenance, licensing, personnel, legal compliance, useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) auditing, data retention, and security costs; any cost savings that would be achieved through the use of the technology; and any current or potential sources of funding, including any subsidies, incentives, or free products being offered by vendors or governmental entities.
Section 5 establishes the procedural framework for algorithmic accountability reports. It creates staged compliance deadlines: systems in use at the effective date must comply by January 1, 2023 (or cease use); new systems procured before January 1, 2024 must file a report at least one month prior to procurement; and systems implemented after January 1, 2024 require prior approval from the algorithmic accountability review office following a 30-day public comment period. No agency may use an automated decision system without approval, and use must conform to the approved report. The section then enumerates detailed content requirements for each report, covering system identification, capabilities, data inputs and outputs, bias testing status, intended purpose, compliance plans, civil rights impacts, decision criteria, and comprehensive use and data management policies.
(1) 15 Beginning December 1, 2021, and updated not less than quarterly, each algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) shall make publicly available on its website an inventory of all algorithmic accountability reportsAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) on automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) that have been proposed for or are being used, developed, or procured by public agencies. Beginning January 1, 2022, each algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) shall make publicly available on its website metrics on all approvals, conditional approvals, or denials of agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) proposals to develop, procure, or useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6), including written explanations of each decision.
(2)(a)–(d) 16 For algorithmic accountability reportsAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) filed between the effective date of this section and January 1, 2024, each algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) shall conduct selective audits of automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) for which an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) has been filed and shall take appropriate action, such as approval, conditional approval, or denial with regard to the systems so audited. The selective audits conducted must contain the elements described in (b) of this subsection. In selecting which systems to audit, the algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) may take into account: (i) The number of persons affected by the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6), including systems in useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) by multiple jurisdictions; (ii) The apparent likelihood that the system creates unintended, erroneous, or discriminatory results; (iii) The severity of the effects of an unintended, erroneous, or discriminatory decision on the affected individual; and (iv) Other criteria as the algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) deems appropriate to a selective audit. (b) Beginning January 1, 2024, each algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) shall conduct an annual audit that includes the following: (i) Whether each agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) that usesUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9), develops, or procures an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) has complied with the terms of its approved algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3); (ii) Descriptions of any known or reasonably suspected violations of any algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3) policies; (iii) Any systematic issues, such as bias, disproportionate impacts on marginalized or vulnerable communities, raised by useUse"Use" means to operate an automated decision system or to contract with a third party to operate an automated decision system to automate, aid, or replace any decision-making process that would otherwise be made by an agency.Sec. 2(9) of automated decision systemsAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6); (iv) Publishing recommendations, if any, relating to revision to this chapter or to specific automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) algorithmic accountability reportsAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(6) of this act.Sec. 2(3). (c) By January 1, 2022, the Washington state chief information officer shall establish guidelines for the number or percentage of systems to be audited by each algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4) pursuant to (a) of this subsection. (d) The first annual audit must be made publicly available on the algorithmic accountability review officeAlgorithmic accountability review office"Algorithmic accountability review office" means: (a) For a state agency, the office of the chief information officer; and (b) For local municipal entities including, but not limited to, cities and counties, the chief information officer for the county in which the agency is located or such other department head as may be designated by the executive of that county.Sec. 2(4)'s website by March 1, 2024, and annually thereafter on or before March 1st.
(3) 17 Beginning January 1, 2023, each agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) using an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) must publish on its website annual metrics regarding the number of requests for human review of a decision rendered by the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) it received and the outcome of the human review.
Section 6 establishes three overlapping accountability mechanisms. First, beginning December 1, 2021, each algorithmic accountability review office must maintain a publicly accessible inventory of all algorithmic accountability reports, updated quarterly, and beginning January 1, 2022 must publish approval/denial metrics with written explanations. Second, the review offices must conduct selective audits of filed reports during the transitional period and full annual audits beginning January 1, 2024, covering compliance verification, policy violations, systemic issues such as bias and disproportionate impacts, and recommendations for legislative revision. Third, beginning January 1, 2023, each agency using an automated decision system must publish annual metrics on human review requests and their outcomes.
18 Any person who is injured by a material violation of this chapter may institute proceedings against the public agencyAgency"Agency" or "public agency" means any entity meeting the definition of "public agency" as defined in RCW 42.30.020.Sec. 2(1) deploying the automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) in a court of competent jurisdiction for injunctive relief, including restoration of the government benefit in question, declaratory relief, or a writ of mandate to enforce this chapter. Actionable injuries under this section include, but are not limited to, denial or interference with: Any government benefit, direct or indirect financial harm, physical harm or threats to persons or property, discrimination in goods, services, or economic opportunity, interference with constitutional or statutory rights or privileges, interference with the right to vote or participate in free and fair elections, or other impacts on human welfare; if any of the foregoing occur due to the use of an automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) that does not meet the standards set forth in this chapter.
Section 7 creates a private right of action for any person injured by a material violation of the chapter. The individual may sue the public agency deploying the automated decision system for injunctive relief (including restoration of the denied government benefit), declaratory relief, or a writ of mandate. The section enumerates a broad but non-exhaustive list of actionable injuries: denial of government benefits, direct or indirect financial harm, physical harm or threats, discrimination in goods or services, interference with constitutional or statutory rights, interference with voting rights, and other human welfare impacts — all conditioned on the injury arising from use of an automated decision system that does not meet the chapter's standards.
19 It is an unfair practice for any automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6) to discriminate against an individual, or to treat an individual less favorably than another, in whole or in part, on the basis of one or more factors enumerated in RCW 49.60.010. For the purposes of this section, "automated decision systemAutomated decision system(a) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements. (b) "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of government interaction with that individual including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(6)" has the same meaning as defined in section 2 of this act.
Section 8 adds a new provision to Washington's Law Against Discrimination (RCW 49.60) making it an unfair practice for any automated decision system to discriminate against an individual on the basis of one or more factors enumerated in RCW 49.60.010. This extends the state's existing anti-discrimination enforcement framework — including the Washington State Human Rights Commission's jurisdiction — to automated decision systems, creating a standalone discrimination prohibition that operates independently of the chapter's other requirements.
Sections 1 through 7 of this act constitute a new chapter in Title 43 RCW.
Section 9 is a codification directive providing that Sections 1 through 7 constitute a new chapter in Title 43 RCW (State Government — Executive). This creates no compliance obligation.
Sections 1 through 9 and 11 through 13 of this act take effect July 1, ((2021)) 2026.
Section 10 amends the effective date of an existing statute (RCW 43.386.901, relating to the Washington AI task force) from July 1, 2021 to July 1, 2026. This is a standalone date amendment with no independent AI compliance obligation.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
Section 11 is the emergency clause declaring that the act is necessary for the immediate preservation of public peace, health, or safety, and takes effect immediately upon passage. This creates no compliance obligation.