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UPCOMING EVENT: Automated Decision-Making Technology and Artificial Intelligence

Posted By Yenna Ahn, Jan 30, 2024

Editor’s Note: This post is related to a program hosted by The Center for Innovation, Law, and Society (CILS). Professor Lydia de la Torre is a dual-qualified attorney (US/EU) and teaches privacy, data protection, and A.I. courses at UC Davis Law and UC Law San Francisco (formerly UC Hastings). Vinhcent Le is the Senior Legal Counsel of Tech Equity, The Greenlining Institute.

On February 9, 2024, King Hall’s Center for Innovation, Law and Society will hold a talk titled “The AI Revolution and Regulation: From Automated Decision-Making Technology (ADMT) to Artificial Intelligence (AI).” This post aims to simplify the concept of ADMT as well as shed light on recent regulatory advances.

ADMT refers to technology that autonomously makes decisions based on algorithms and data without human involvement. While ADMT may initially feel unfamiliar, it is present in everyday life—from common processes such as automated bill payments, Netflix’s TV recommendations, and navigation apps to more intricate uses such as profiling systems that track job performance and consumer location.

Acknowledging the escalating influence of ADMT and AI, regulatory bodies are taking proactive measures. For example, on November 27, 2023, the California Privacy Protection Agency (CPPA) released a draft of proposed regulations aimed at governing the deployment of AI and machine learning in critical domains such as healthcare, housing, financial services, employment, education, and insurance. The proposed regulations advance requirements for pre-use notice, opt-out mechanisms, and methods to access information that businesses operating in California must adhere to.^[1] These proposed regulations mark a stride towards aligning technological advancements with ethical considerations.

Nonetheless, regulators are also grappling with defining the scope of ADMT. The CPPA proposes to define ADMT as a process, system or software that contributes to processes involving personal information and computation tools, thereby widening the scope to artificial intelligence.^[2] Conversely, Colorado Privacy Act Rules have implemented a tiered approach and definition that establishes varying obligations based on whether the technology relies on Solely Automated Processing, Human Reviewed Automated Processing, or Human Involved Automated Processing.^[3]

Considering the fast-evolving landscape in AI, the CILS talk will focus on examining state-level initiatives, particularly in Colorado and California, as well as international regulatory frameworks, namely the European Union’s General Data Protection Regulation and forthcoming AI Act. The talk will also provide nuanced insights into the shifting dynamics of privacy, fair business practices, and the unfolding landscape of artificial intelligence.

For individuals interested, we encourage everyone to attend the talk on February 9, 2024.

[1] See A New Landmark for Consumer Control Over Their Personal Information: CPPA Proposes Regulatory Framework for Automated Decisionmaking Technology, Calif. Privacy Protection Agency (Nov. 27, 2023), https://cppa.ca.gov/announcements/2023/20231127.html.

[2] See David L. Rice, K.C. Halm, Kara K. Trowell, and Alexander Sisto, Automated Decisionmaking Technology in California: New Rules Would Impose Transparency, Notice, and Consumer Opt-Out Obligations on Businesses, Davis Wright Tremaine LLP (Dec. 7, 2023), https://www.dwt.com/blogs/privacy--security-law-blog/2023/12/california-drafts-automated-decisionmaking-ai-rule.

[3] See id.