CA AB 302: Department of Technology: high-risk automated decision systems: inventory.

In one paragraph

California's AB 302 required the Department of Technology, by September 1, 2024, to inventory every high-risk automated decision system that state agencies use, develop or procure, or have proposed to, and to report it to two legislative committees by January 1, 2025 and annually after that; the reporting duty becomes inoperative January 1, 2029. High-risk systems assist or replace human decisions with legal or similarly significant effects, such as access to housing, education, employment, credit, health care and criminal justice. It applies only to state agencies. Signed October 13, 2023 (Chapter 800); effective January 1, 2024.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No duties for businesses. It covers the high-risk automated decision systems that California state agencies use, develop or buy, which the Department of Technology must inventory and report on.

Key provisions

1. 1Adds Government Code § 11546.45.5: by September 1, 2024, the Department of Technology, coordinating with other interagency bodies as it deems appropriate, must inventory all high-risk automated decision systems proposed for use, development or procurement by, or being used, developed or procured by, state agencies
2. 2Automated decision system: a computational process derived from machine learning, statistical modeling, data analytics or AI that issues simplified output (a score, classification or recommendation) used to assist or replace human discretionary decisions that materially impact people; spam filters, firewalls, antivirus software, calculators and databases are excluded
3. 3High-risk: used in decisions with a legal or similarly significant effect, including access to or approval for housing or accommodations, education, employment, credit, health care and criminal justice
4. 4For each system, the inventory describes the decisions it can make or support and their intended benefits, alternatives, research on efficacy, the categories of data and personal information it uses, and risk-mitigation measures such as accuracy metrics, cybersecurity and privacy controls, audits and ways to contest decisions
5. 5State agencies include state offices and departments, the California State University, the Board of Parole Hearings and Department of Consumer Affairs boards; the University of California, the Legislature and the judicial branch are excluded
6. 6Reports to the Assembly Privacy and Consumer Protection and Senate Governmental Organization committees by January 1, 2025 and annually; the reporting duty becomes inoperative January 1, 2029
7. 7Signed October 13, 2023 (Chapter 800, Statutes of 2023); effective January 1, 2024. AB 2885 (Chapter 843, Statutes of 2024) later added a definition of artificial intelligence to the section

Latest legislative action

Oct 13, 2023. Chaptered by Secretary of State - Chapter 800, Statutes of 2023.