State agencies: automated decision systems.

Plain English Breakdown

The official source material does not specify the exact consequences if a state agency fails to comply with the rules.

Rules for Automated Decision Systems in State Agencies

This legislation sets rules for how state agencies can use automated decision systems when giving out services like professional licenses or public benefits.

What This Bill Does

• Requires state agencies to check the accuracy of decisions made by automated systems before they affect people negatively.
• Prohibits an automated system's output from being the sole reason someone loses a service, unless there are special cases.
• Needs state agencies to ensure their use of these systems does not discriminate against anyone.
• Gives GovOps permission to create and share guidelines for using automated decision systems in state agencies.
• Requires GovOps to inform another committee before making new rules about automated systems.

Who It Names or Affects

• State agencies that give out services like professional licenses or public benefits.
• People who might lose a service because of an automated system's decision.

Terms To Know

Automated Decision System

A computer program used to help make decisions instead of, or alongside, human judgment that can affect people's lives.

GovOps

The Government Operations Agency which oversees the Department of Technology in California.

Limits and Unknowns

• Does not specify what happens if a state agency does not follow these rules.
• It is unclear how much technical help GovOps will provide to agencies.
• The bill has passed both chambers but its final status and implementation are still pending.

Official Summary Text

SB 1248, as introduced, Cabaldon.
State agencies: automated decision systems.
Existing law establishes the Government Operations Agency (GovOps), and establishes within the agency the Department of Technology. Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency. Existing law defines, for these purposes, an “automated decision system” as, among other things, a computational process that is used to assist or replace human discretionary decisionmaking and materially impacts natural persons.
Existing law establishes various public assistance and social programs administered by state agencies, including the Department of Social Services and the
Employment Development Department. Existing law provides for the licensure and regulation of specified professions and vocations by boards and bureaus within the Department of Consumer Affairs.
This bill would impose certain restrictions on the use of an automated decision system by a state agency to confer services, defined as, among other things, the issuance of professional licenses and provision of public benefits. Among the restrictions, the bill would include a prohibition on using an output from the system as the sole basis for an adverse service determination affecting a natural person, except as specified. The bill would require the state agency to verify the accuracy of the system’s outputs and to promote nondiscrimination in its use, as specified. The bill would require the director or designee of a state agency to provide for quality control review of the outputs, as specified, to assure acceptable accuracy.
This bill would authorize GovOps to develop, adopt, and make publicly available guidance for a state agency’s use of automated decision systems. The bill would require GovOps to notify the Joint Legislative Budget Committee before issuing the guidance. The bill would require GovOps to provide technical assistance to state agencies upon request. The bill would define terms for purposes of its provisions and would make related findings and declarations.

Current Bill Text

Download Bill PDF