California Publishes Draft Regulations on Automated Decision-Making Technology

The California Privacy Protection Agency (CPPA) published its initial draft of rules aimed at balancing the innovative benefits of automated decision-making technologies with the rights and privacy of individuals. The draft is initially intended for discussion at the board of the CPPA and will be opened to public comments thereafter.

Under the proposed rules, businesses employing automated decision-making technology must provide a pre-use notice to consumers. This notice should include a straightforward explanation of the technology’s purpose, descriptions of the consumer’s opt-out and access rights, and information on the logic, intended output, human involvement, and evaluations for validity, reliability, and fairness.

Consumers would have a right to opt out of automated decision-making in scenarios like legal, academic, employment, and public spaces, which includes workplace monitoring and public profiling technologies. Businesses would also need to obtain parental consent for profiling children under 13.

Consumers will have a right to access information about how businesses use automated decision-making technology, and businesses must provide methods for submitting access requests. The information provided in response to these requests should cover the purpose, output, decision-making process, and the technology’s logic.

Click here to read the Draft Automated Decision-making Technology Regulations.