(1)–(12) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "AgencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1)" or "public agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1)" means any state executive officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10), agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1), department, board, commission, committee, educational institution, or other state agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) created by or pursuant to statute, other than courts and the legislature. (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(4) of this act.Sec. 2(3)" means the report with content enumerated in section 5(4) of this act. (4) "Algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4)" means the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) established under section 6 of this act. (5)(a) "Automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5)" 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(12) data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. (b) "Automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5)" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs. (6) "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(6)" means an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) that makes final decisions, judgments, or conclusions without human intervention. (7) "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(7)" means an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) that provides information to inform the final decision, judgment, or conclusion of a human decision maker. (8) "Automation biasAutomation bias"Automation bias" means the tendency for humans to overestimate the accuracy of decision support and decision-making systems and ignore contradictory information made without automation.Sec. 2(8)" means the tendency for humans to overestimate the accuracy of decision support and decision-making systems and ignore contradictory information made without automation. (9) "Identified or identifiable natural personsIdentified or identifiable natural persons"Identified or identifiable natural persons" means a human being who can be readily identified, directly or indirectly.Sec. 2(9)" means a human being who can be readily identified, directly or indirectly. (10) "OfficeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10)" means the office of the state chief information officer established under RCW 43.105.205. (11) "PeoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11)" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted. (12) "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(12)" means to operate an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) or to contract with a third party to operate an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) to automate, aid, or replace any decision-making process that would otherwise be made by an agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1).

(1) 1 Adopt guidance for agencies 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(12) of automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) by a public agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1). This guidance 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"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5). In adopting the guidance, the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10) must consult with representatives of communities whose rights are disproportionately impacted by automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) as demonstrated by current studies; and

(2) 2 Develop guidance for agencies to 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(12) when prioritizing analysis of automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5). The guidance must include a prioritization framework or frameworks for identifying the order in which to examine existing and proposed automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5). This prioritization framework may include criteria such as whether the system: Creates significant effects on identified or identifiable natural personsIdentified or identifiable natural persons"Identified or identifiable natural persons" means a human being who can be readily identified, directly or indirectly.Sec. 2(9); affects many peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11); involves a high risk of error or bias; has been developed without transparency of the information used to develop the algorithmAlgorithm"Algorithm" means a computerized procedure consisting of a set of steps to accomplish a determined task.Sec. 2(2); or has not been independently tested for bias or inaccuracy. The prioritization framework must include identification of significantly high-risk systems according to the established criteria.

(1) Agencies and the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10), in consultation with the office of equity, should adopt interim and then long-term prioritization frameworks for allocating resources to address existing and future automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) and to address any deficiencies found in compliance with this section. The prioritization frameworks should be used in determining the level of resources to be devoted first to examining existing and proposed systems and then to meeting the other requirements of this section.

(2)–(3) 3 As a part of the procurement process, agencies should assess new automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) procured by them. The assessment should include evaluation of the potential impacts of the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) on: (a) The risk to rights and freedoms to an identified or identifiable natural person; (b) the existence or risk of bias or inaccuracy in the results of the system; and (c) whether the workings of the system are transparent to the public. (3) Automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) currently 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(12) by the state that produce legal effects on identified or identifiable natural personsIdentified or identifiable natural persons"Identified or identifiable natural persons" means a human being who can be readily identified, directly or indirectly.Sec. 2(9) should be assessed according to the prioritization framework. The assessment should include the existence or risk of bias or inaccuracy in the results and how transparent the system 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(12) and impacts are to the public.

(4) 4 Agencies should provide transparency of 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(12), procurement, and development of automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5), including monitoring or testing for accuracy and bias, that produce legal effects on identified or identifiable natural personsIdentified or identifiable natural persons"Identified or identifiable natural persons" means a human being who can be readily identified, directly or indirectly.Sec. 2(9).

(5) 5 Ongoing monitoring or auditing should be performed on automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) that have legal effects on identified or identifiable natural personsIdentified or identifiable natural persons"Identified or identifiable natural persons" means a human being who can be readily identified, directly or indirectly.Sec. 2(9) to ensure they do not have differential effects on subpopulations that result over time; or discriminate against an individual, or 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.

(6) 6 Agencies should provide training of state employees who develop, procure, operate, 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(12) automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) as to the risk of automation biasAutomation bias"Automation bias" means the tendency for humans to overestimate the accuracy of decision support and decision-making systems and ignore contradictory information made without automation.Sec. 2(8).

(7) 7 A public agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.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(12) an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) must follow any conditions set forth in the relevant algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3).

(8)(a) 8 Subject to the staged implementation as outlined in this chapter, a public agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) must, at a minimum: (a) Give clear notice in plain language to the peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11) 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(12); (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(6) 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(7) and whether and through what process a human verifies or confirms decisions made by the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5); (v) What policies and guidelines apply to its deployment; and (vi) How peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11) may contest any decision made involving the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) as required pursuant to this section;

(8)(b) 9 Ensure that with respect to newly acquired automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) and, to the maximum extent practicable with respect to existing automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5), the system 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 state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) or independent third-party testing, auditing, or research to understand its impacts, including potential bias, inaccuracy, or disparate impacts, provided that the vendor may specify that an independent third party examining proprietary trade secrets shall reveal only the outcome of the examination, and not the content of the trade secrets;

(8)(c) 10 Ensure that any decision made or informed by the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) 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 peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11) impacted by the decision; and

(8)(d) 11 Ensure the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) can explain the basis for its decision to any impacted peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11) in terms understandable to a layperson including, without limitation, by requiring the vendor to create such an explanation.

(9) 12 A procurement contract for an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) entered into by a public agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.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.

(1) 13 Agencies already using an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) as of the effective date of this section must provide a list of automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) 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(12) to the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) by January 1, 2024, 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(12) the prioritization framework established under section 3 of this act or adopt and implement an interim prioritization framework to identify the order in which to complete an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) on each existing automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) by January 1, 2026. For the purpose of this subsection: (a) The algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) must, at minimum, include clear and understandable statements based on information already available to the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1). (b) The algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) must accurately report only the actual direct knowledge contained in the files. For example, if the files contain a statement from the vendor that the system has been examined for bias but there is no report available for examination, the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) may not report that the system has been examined for bias and must instead report that the vendor states that the system has been examined for bias. (c) Agencies may include information not already contained in their files. For example, a bias report conducted by a third party may be included. (d) The list of systems and prioritization frameworks must be available to the public and may include criteria such as whether the system: Creates significant effects on identified or identifiable natural personsIdentified or identifiable natural persons"Identified or identifiable natural persons" means a human being who can be readily identified, directly or indirectly.Sec. 2(9); affects many peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11); involves a high risk of error or bias; has been developed without transparency of the information used to develop the algorithmAlgorithm"Algorithm" means a computerized procedure consisting of a set of steps to accomplish a determined task.Sec. 2(2); or has not been independently tested for bias or inaccuracy. (e) For systems that involve high risk pursuant to the prioritization framework, the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) must include an evaluation of accuracy and bias by a qualified independent third party, and if such a report does not currently exist it must nevertheless be prepared and included to meet the timelines for submission of an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) on such system. (f) If an agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) does not complete an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) for each automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) already 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(12) by January 1, 2026, then, unless the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) has been evaluating their systems in good faith based on the established prioritization framework and is granted an extension by the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4), the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) must cease use of the unevaluated automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) until such time as an extension is granted or the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) is provided. (g) Any request for extension of the deadline must include a timeline for when each algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) will be provided by the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1). (h) The algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) shall grant an extension for the continued use of a system if the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) has established a reasonable timeline for completion of the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) and there is no apparent likelihood of bias regarding the system. (i) The algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) must report annually on agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) compliance with this subsection and any extensions granted under this subsection. The report must be made available to the public.

(2) 14 A public agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) intending to newly develop or procure an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) for 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(12) between the effective date of this section and January 1, 2026, must as a condition of use of such system, at least one month prior to procurement of, or if internally developed, implementation of such a system produce and file with the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10) an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) for that system as described in subsection (4) of this section. In addition to using information already available to an agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1), the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) shall conduct reasonable investigatory due diligence including, but not limited to, inquiring with a system provider as to whether studies have been conducted and requesting copies of any studies. For systems that involve high risk pursuant to the prioritization framework, the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) must include an evaluation of accuracy and bias by a qualified independent third party.

(3)(a)–(f) 15 An agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) intending to develop or procure an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) for implementation after January 1, 2026, must, as a condition of use of such automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5), submit an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) as described in subsection (4) of this section and obtain a finding by the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) pursuant to (d) of this subsection. In addition to using information already available to an agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1), the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) shall conduct reasonable investigatory due diligence including, but not limited to, inquiring of a system provider if studies have been conducted and requesting copies of any studies. For systems that involve high risk pursuant to the prioritization framework, the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) must include an evaluation of accuracy and bias by a qualified independent third party. (a) The officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10) must post the algorithmic accountability reportsAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) on their 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(4) of this act.Sec. 2(3) for a period of no less than 30 days. (b) The algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) may adopt scoring criteria for determining whether the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1)'s algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) reasonably shows that the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) meets the minimum standards set forth in section 4 of this act. (c) After receiving public comment, the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) must review the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) and comments received to determine whether the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1)'s algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) fails to reasonably show that the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) meets the minimum standards set forth in section 4 of this act. (d) On the basis of its review of an algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3), the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) shall find that the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3): (i) Reasonably demonstrates that the system meets the minimum standards set forth in section 4 of this act; or (ii) fails, by stated fact or by omission, to show that the system meets the minimum standards set forth in section 4 of this act. (e) The report of a failure to meet the minimum standards of section 4 of this act must provide a reasonably detailed description from the algorithmic accountability review board of the reasons for the finding and may, but is not required to be, accompanied by a statement by the algorithmic accountability review board of what further information, or changes, or both may be necessary to the content of the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) or operation of the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) that could result in a finding that the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1)'s algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) reasonably shows that the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) meets the minimum standards of section 4 of this act. (f) Following a finding that the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1)'s algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) fails to show that an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) meets the minimum standards of section 4 of this act, the applicable agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) shall be entitled to revise the information provided, the system, or the procedures for use of the system and to submit a revised algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) to the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) for review.

(3)(g) 16 All findings and reports of the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) regarding whether a system meets the minimum requirements of section 4 of this act shall be posted on the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10)'s website, and a copy of any reports finding a failure to meet the minimum requirements of section 4 of this act shall be independently transmitted to the legislature and the governor.

(4)(a)–(o) 17 Each algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) must include clear and understandable statements of the following: (a) The automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5)'s name, vendor, and version; (b) A description of the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5)'s general capabilities, including reasonably foreseeable capabilities outside the scope of the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.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(12) and whether the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) is used or may be used to deploy or trigger any weapon; (c) A description of the purpose and proposed use of the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5), including: (i) What decision or decisions the system will be used to make or support; (ii) 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(6) 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(7); and (iii) Its intended benefits, including any data or research demonstrating those benefits and whether and where such data or research may be viewed by the public; (d)(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(12); (ii) how that data is generated, collected, and processed; and (iii) the type or types of data the system is reasonably likely to generate; (e) Whether there was an examination of potential inaccuracies or bias, or both created during the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5)'s development, design, or implementation as a result of the nature of the data used to inform the system or the system design. If such an examination was performed, a description of the individual or entity who performed the examination, the nature of the examination with sufficient specificity to allow evaluation of its validity, and the results including any steps taken to address the potential inaccuracies or bias, or both must also be included in the report; (f) Whether implementation of the system has produced known erroneous results. If erroneous results were produced, a description of those errors, including the results of any audits conducted to check for erroneous results, together with any steps taken to address the reasons for the erroneous results must also be included in the report; (g) Whether and how peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11) affected by a system decision can review and challenge the basis for that system decision, and a description of the results of any such challenges; (h) A description of any public or community engagement held, whether peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11) and communities affected by the system were consulted, what actions were taken in response to public and community input, and any future public or community engagement plans in connection with the design or use of the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5); (i) Whether the decision algorithmAlgorithm"Algorithm" means a computerized procedure consisting of a set of steps to accomplish a determined task.Sec. 2(2) is available for examination by the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) or the public, or both, and to what extent; (j) A description of how the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) plans to comply with each requirement set forth in section 4 of this act; (k) Whether the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) makes decisions affecting the constitutional or legal rights, duties, or privileges of any Washington resident; (l) Whether the system's decisions intentionally differentially affect members of protected classes, such as by selecting persons with disabilities for certain benefits; (m) Whether any of the decision criteria are mandated by statute and, if so, which criteria and by what statutes; (n) Whether there exists 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(12) and data management policy, including specific protocols for the following: (i) How and when the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) 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"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) will be operated or used by another entity on the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1)'s behalf, the algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) 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"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) and what processes will be required prior to each use of the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5); (iii) How automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) data will be securely stored and accessed, and whether an agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) intends to share access to the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) or the data from that automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) with any other entity, and why; and (iv) How the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) will ensure that all personnel who operate the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) 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(12) and data management policy prior to the use of the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5); and (o) A description of the fiscal impact of the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5), including: (i) Initial acquisition costs; (ii) A reasonable estimate of 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(12) auditing, data retention, and security costs; (iii) A reasonable estimate of cost savings that would be achieved through the use of the technology; and (iv) Any current or currently identified potential sources of funding, including any subsidies, incentives, or free products being offered by vendors or governmental entities.

(1)–(7) The algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) is created within the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10). (2) The board shall represent diverse stakeholders and consist of the following voting members: (a) The director of the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10) who shall serve as chair of the board; (b) Six members appointed by the governor, two of whom shall be representatives of state agencies or institutions; two of whom shall be representatives of consumer protection organizations; and two of whom shall be representatives of civil rights organizations or advocacy organizations that represent individuals or protected classes of historically marginalized communities including, but not limited to, African American, Hispanic American, Native American, and Asian American communities, religious minorities, and protest and activist groups. Of the state agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) representatives, at least one of the representatives must have direct experience using automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) overseen by the board; (c) Two members shall represent the house of representatives and shall be selected by the speaker of the house of representatives with one representative chosen from each major caucus of the house of representatives; (d) Two members shall represent the senate and shall be appointed by the president of the senate with one representative chosen from each major caucus of the senate. (3) Of the initial members appointed by the governor, three must be appointed for a one-year term, and two must be appointed for a two-year term. Thereafter members must be appointed for three-year terms. (4) Initial appointments to the board must be made by January 1, 2023. (5) Vacancies shall be filled in the same manner that the original appointments were made for the remainder of the member's term. (6) Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. (7) The officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10) shall provide staff support to the board.

(1) 18 Beginning December 1, 2023, and updated not less than quarterly, the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10) 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(4) of this act.Sec. 2(3) on automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) that have been proposed for or are being used, developed, or procured by public agencies.

(2) 18 Beginning January 1, 2024, the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10) shall make publicly available on its website metrics on all approvals, conditional approvals, or denials of agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) algorithmic accountability reportsAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) to develop or procure automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) for 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(12) by agencies, including written explanations of each decision.

(3)(a)–(b) 19 For automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) implemented prior to January 1, 2026: (a) The algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) shall conduct selective audits of the applicable algorithmic accountability reportsAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) and shall make appropriate findings with regard to whether the agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1)'s algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) reasonably shows that the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) audited meets the minimum standards of section 4 of this act. The selective audits conducted must also contain the elements described in subsection (6) of this section. In selecting which systems to audit, the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) may take into account: (i) The number of persons affected by the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5), 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(12) 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 peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11); and (iv) Other criteria as the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) deems appropriate to a selective audit. (b) The officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10) shall establish guidelines by January 1, 2024, for the number or percentage of algorithmic accountability reportsAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3) to be audited by the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) pursuant to (a) of this subsection.

(4)(a)–(b) 20 Beginning January 1, 2026, the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) shall conduct an annual review of agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) audits and compile the information into a report that includes the following: (i) Whether each agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.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(12), develops, or procures an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) 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(4) 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(4) of this act.Sec. 2(3) policies; (iii) Any systematic issues, such as bias and 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(12) of automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5); and (iv) Recommendations, if any, relating to revisions to this chapter or to specific algorithmic accountability reportsAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3). (b) The first annual report on agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) audits must be made publicly available on the officeOffice"Office" means the office of the state chief information officer established under RCW 43.105.205.Sec. 2(10)'s website by March 1, 2025, and annually thereafter on or before March 1st.

(5) 21 Beginning January 1, 2025, each agencyAgency"Agency" or "public agency" means any state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) using an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) 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"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) it received and the outcome of the human review.

(6)(a)–(d) 22 Beginning January 1, 2026, agencies shall conduct an annual audit on automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) that have legal effects on peoplePeople"People" includes a natural person, corporation, limited liability company, limited liability partnership, partnership, or public or private organization or entity of any character, except where otherwise restricted.Sec. 2(11) to ensure that they do not have differential effects on subpopulations that result over time and report to the algorithmic accountability review boardAlgorithmic accountability review board"Algorithmic accountability review board" means the algorithmic accountability review board established under section 6 of this act.Sec. 2(4) any findings. The report must include, at minimum: (a) Whether the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) 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(4) of this act.Sec. 2(3); (b) Descriptions of any known or reasonably suspected violations of any report policies; (c) Any systematic issues, such as bias and 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(12) of automated decision systemsAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5); and (d) Recommendations, if any, relating to revisions to the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) algorithmic accountability reportAlgorithmic accountability report"Algorithmic accountability report" means the report with content enumerated in section 5(4) of this act.Sec. 2(3).

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 state executive office, agency, department, board, commission, committee, educational institution, or other state agency created by or pursuant to statute, other than courts and the legislature.Sec. 2(1) deploying the automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) in a court of competent jurisdiction for injunctive or declaratory relief, or both, to compel compliance with this chapter and all relief available in law or equity with respect to section 9 of this act, and in either event if successful shall be entitled to recover their reasonable attorneys' fees and costs.

23 Except to the extent an automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) utilizes a criterion specifically mandated by state or federal law or regulation, it is an unfair practice under this section for any automated decision systemAutomated decision system"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5) 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"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 or business to be treated differently than another Washington resident or business or results in statistically significant disparities with other classes of persons or businesses in the nature or amount of governmental interaction with that individual or business including, without limitation, benefits, protections, procurement processes, required payments, penalties, regulations, or timing, application, or process requirements. "Automated decision system" does not include tools that do not make or support governmental decisions, judgments, or conclusions that cause a Washington resident or business to be treated differently than another Washington resident or business in the nature or amount of government interaction with that individual or business including, without limitation, internal governmental computer server or electrical usage optimization, antivirus programs, and internal governmental space optimization programs.Sec. 2(5)" has the same meaning as defined in section 2 of this act.

Sections 1 through 8 of this act constitute a new chapter in Title 43 RCW.

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.