•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

S08209 Summary:

Add Art IV §§401 - 409, St Tech L
Enacts the New York artificial intelligence bill of rights to provide residents of the state with rights and protections to ensure that any system making decisions without human intervention impacting their lives do so lawfully, properly, and with meaningful oversight.
Go to top    

S08209 Actions:

Go to top

S08209 Text:

                STATE OF NEW YORK
                    IN SENATE
                                    January 12, 2024
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology
        AN ACT to amend the state technology law, in relation  to  enacting  the
          New York artificial intelligence bill of rights
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York artificial intelligence bill of rights".
     3    §  2.  Legislative  intent.  This  legislature  hereby finds that this
     4  generation of humans is the first in history  to  have  the  ability  to
     5  create  technologies that can make decisions which previously could have
     6  only been made by humans. States and  countries  across  the  world  are
     7  grappling  with  critical questions of how we can use these technologies
     8  to solve our problems, how we can avoid or manage the new problems  that
     9  these  technologies  may  create,  and how we can control these powerful
    10  technologies.
    11    Therefore,  the  legislature  declares  that  any  New  York  resident
    12  affected  by  any  system making decisions without human intervention be
    13  entitled to certain rights and protections to  ensure  that  the  system
    14  impacting  their  lives  do  so  lawfully, properly, and with meaningful
    15  oversight.
    16    Among these rights and protections are  (i)  the  right  to  safe  and
    17  effective  systems; (ii) protections against algorithmic discrimination;
    18  (iii) protections against abusive data practices; (iv) the right to have
    19  agency over one's data; (v) the right to know when an  automated  system
    20  is  being  used;  (vi)  the right to understand how and why an automated
    21  system contributed to outcomes that impact one; (vii) the right  to  opt
    22  out of an automated system; and (viii) the right to work with a human in
    23  the place of an automated system.
    24    The  legislature also finds that automated systems will continue to be
    25  developed and evolve both within the state and outside the state. It  is
    26  therefore  critical that New York does not overburden the development of
    27  innovative systems that better the state and its  residents,  nor  drive
    28  the development of such systems to foreign states or countries with less
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8209                             2
     1  appropriate regulation, nor threaten the security of our state, country,
     2  and its people.
     3    To these ends, the legislature declares that the white paper published
     4  by  the  White  House Office of Science and Technology titled "Blueprint
     5  for an AI Bill of Rights" in October of 2022 is  commensurate  with  the
     6  goals of this state in relation to artificial intelligence.
     7    § 3. The state technology law is amended by adding a new article IV to
     8  read as follows:
     9                                 ARTICLE IV
    11  Section 401. Definitions.
    12          402. Application.
    13          403. Construction.
    14          404. Safe and effective systems.
    15          405. Algorithmic discrimination practices.
    16          406. Data privacy.
    17          407. Notice and explanation.
    18          408. Human alternatives, consideration, and fallback.
    19          409. Penalties; no private cause of action.
    20    § 401. Definitions. As used in this article, the following terms shall
    21  have the following meanings:
    22    1.  "Civil  rights, civil liberties, and privacy" or "rights, opportu-
    23  nity, and access" means such rights and protections provided for in  the
    24  United  States  Constitution,  federal law, the laws and constitution of
    25  the state of New York, and privacy and other freedoms that exist in both
    26  the public and private sector contexts, which shall include,  but  shall
    27  not be limited to:
    28    (a) freedom of speech;
    29    (b) voting rights;
    30    (c) protections from discrimination;
    31    (d) protections from excessive or unjust punishment; and
    32    (e) protections from unlawful surveillance.
    33    2. "Equal opportunity" means equal access to education, housing, cred-
    34  it, employment, and other programs.
    35    3. "Access to critical resources or services" means such resources and
    36  services  that are fundamental for the well-being, security, and equita-
    37  ble participation of New York residents in society, which shall include,
    38  but shall not be limited to:
    39    (a) healthcare;
    40    (b) financial services;
    41    (c) safety;
    42    (d) social services;
    43    (e) non-deceptive information about goods and services; and
    44    (f) government benefits.
    45    4. "Algorithmic discrimination" means circumstances where an automated
    46  system contributes to an unjustified different treatment or impact which
    47  disfavors people based on their age, color, creed, disability,  domestic
    48  violence  victim status, gender identity or expression, familial status,
    49  marital status, military status, national origin,  predisposing  genetic
    50  characteristics, pregnancy-related condition, prior arrest or conviction
    51  record,  race,  sex,  sexual orientation, or veteran status or any other
    52  classification protected by law.
    53    5. "Automated system" means any  system,  software,  or  process  that
    54  affects  New York residents and that uses computation as a whole or part
    55  of a system to determine outcomes, make or aid decisions, inform  policy

        S. 8209                             3
     1  implementation, collect data or observations, or otherwise interact with
     2  New  York residents or communities. Automated systems shall include, but
     3  not be limited to, systems derived from machine learning, statistics, or
     4  other  data  processing or artificial intelligence techniques, and shall
     5  exclude passive computing infrastructure.
     6    6. "Passive computing infrastructure" shall include  any  intermediary
     7  technology  that  does  not  influence or determine the outcome of deci-
     8  sions, make or  aid  in  decisions,  inform  policy  implementation,  or
     9  collect  data  or  observations, including web hosting, domain registra-
    10  tion, networking, caching, data storage, or cybersecurity.
    11    7. "Communities"  means  neighborhoods,  social  network  connections,
    12  families,  people  connected by affinity, identity, or shared traits and
    13  formal organizational ties. This includes Tribes, Clans, Bands,  Ranche-
    14  rias, Villages, and other Indigenous communities.
    15    8.  "Social  network"  means  any  connection  of persons which exists
    16  online or offline.
    17    9. "Families" means any relationship, whether  by  blood,  choice,  or
    18  otherwise, where one or more persons assume a caregiver role, primary or
    19  shared,  for  one  or more others, or where individuals mutually support
    20  and are committed to each other's well-being.
    21    10. "Equity" means the  consistent  and  systematic  fair,  just,  and
    22  impartial  treatment of all New York residents. Systemic, fair, and just
    23  treatment shall take into account the status of New York  residents  who
    24  belong  to underserved communities that have been denied such treatment,
    25  such as Black, Latino, and Indigenous and Native American persons, Asian
    26  Americans and Pacific Islanders and other persons of color;  members  of
    27  religious minorities; women, girls, and non-binary people; lesbian, gay,
    28  bisexual,  transgender,  queer,  and  intersex  persons;  older  adults;
    29  persons with disabilities; persons who live in rural areas; and  persons
    30  otherwise adversely affected by persistent poverty or inequality.
    31    11. "Sensitive data" means any data and metadata:
    32    (a) that pertains to a New York resident in a sensitive domain;
    33    (b) that are generated by technologies in a sensitive domain;
    34    (c) that can be used to infer data from a sensitive domain;
    35    (d) about a New York resident, such as disability-related data, genom-
    36  ic data, biometric data, behavioral data, geolocation data, data related
    37  to  the  criminal  justice system, relationship history, or legal status
    38  such as custody and divorce information, and home, work, or school envi-
    39  ronmental data;
    40    (e) that has the reasonable potential to be  used  in  ways  that  are
    41  likely  to  expose New York residents to meaningful harm, such as a loss
    42  of privacy or financial harm due to identity theft; or
    43    (f) that is generated by a person under the age of eighteen.
    44    12. "Sensitive domain" means a particular area, field,  or  sphere  of
    45  activity  in  which activities being conducted can cause material harms,
    46  including significant adverse effects on human rights such  as  autonomy
    47  and dignity, as well as civil liberties and civil rights.
    48    13.  "Surveillance technology" means products or services marketed for
    49  or that can be lawfully used to  detect,  monitor,  intercept,  collect,
    50  exploit, preserve, protect, transmit, or retain data, identifying infor-
    51  mation, or communications concerning New York residents or groups.
    52    14. "Underserved communities" means communities that have been system-
    53  atically  denied a full opportunity to participate in aspects of econom-
    54  ic, social, and civic life.
    55    § 402. Application. The rights contained within this article shall  be
    56  construed  as  applying to New York residents against persons developing

        S. 8209                             4

     1  automated systems that have the potential  to  meaningfully  impact  New
     2  York residents':
     3    1. civil rights, civil liberties, and privacy;
     4    2. equal opportunities; or
     5    3. access to critical resources or services.
     6    § 403. Construction. The rights contained within this article shall be
     7  construed as harmonious and mutually supportive.
     8    §  404.  Safe  and  effective  systems. 1. New York residents have the
     9  right to be protected from  unsafe  or  ineffective  automated  systems.
    10  These  systems  must be developed in collaboration with diverse communi-
    11  ties, stakeholders, and domain  experts  to  identify  and  address  any
    12  potential concerns, risks, or impacts.
    13    2.  Automated systems shall undergo pre-deployment testing, risk iden-
    14  tification and mitigation, and shall also be subjected to ongoing  moni-
    15  toring  that  demonstrates  they  are  safe and effective based on their
    16  intended use, mitigation of unsafe outcomes including those  beyond  the
    17  intended use, and adherence to domain-specific standards.
    18    3.  If  an  automated  system  fails  to meet the requirements of this
    19  section, it shall not be deployed  or,  if  already  in  use,  shall  be
    20  removed.  No  automated  system  shall  be designed with the intent or a
    21  reasonably foreseeable possibility of endangering the safety of any  New
    22  York resident or New York communities.
    23    4. Automated systems shall be designed to proactively protect New York
    24  residents  from  harm stemming from unintended, yet foreseeable, uses or
    25  impacts.
    26    5. New York residents are entitled to protection from inappropriate or
    27  irrelevant data use in the design, development, and deployment of  auto-
    28  mated systems, and from the compounded harm of its reuse.
    29    6.  Independent evaluation and reporting that confirms that the system
    30  is safe and effective, including reporting of steps  taken  to  mitigate
    31  potential harms, shall be performed and the results made public whenever
    32  possible.
    33    §  405.  Algorithmic discrimination practices. 1. No New York resident
    34  shall face discrimination by algorithms, and all automated systems shall
    35  be used and designed in an equitable manner.
    36    2. The designers, developers, and deployers of automated systems shall
    37  take proactive and continuous measures to protect New York residents and
    38  communities from algorithmic discrimination, ensuring the use and design
    39  of these systems in an equitable manner.
    40    3. The protective measures required  by  this  section  shall  include
    41  proactive equity assessments as part of the system design, use of repre-
    42  sentative data, protection against proxies for demographic features, and
    43  assurance  of  accessibility for New York residents with disabilities in
    44  design and development.
    45    4. Automated systems shall undergo pre-deployment and ongoing dispari-
    46  ty testing and mitigation, under clear organizational oversight.
    47    5. Independent evaluations and plain language reporting in the form of
    48  an algorithmic impact assessment, including  disparity  testing  results
    49  and  mitigation  information,  shall  be  conducted  for  all  automated
    50  systems.
    51    6. New York residents shall have the right to  view  such  evaluations
    52  and reports.
    53    §  406.  Data  privacy.  1. New York residents shall be protected from
    54  abusive data practices via built-in protections and shall maintain agen-
    55  cy over the use of their personal data.

        S. 8209                             5
     1    2. Privacy violations shall be mitigated through design  choices  that
     2  include  privacy  protections  by default, ensuring that data collection
     3  conforms to reasonable expectations and  that  only  strictly  necessary
     4  data for the specific context is collected.
     5    3. Designers, developers, and deployers of automated systems must seek
     6  and   respect   the  decisions  of  New  York  residents  regarding  the
     7  collection, use, access, transfer, and deletion of  their  data  in  all
     8  appropriate ways and to the fullest extent possible. Where not possible,
     9  alternative privacy by design safeguards must be implemented.
    10    4.  Automated systems shall not employ user experience or design deci-
    11  sions that obscure user choice or burden  users  with  default  settings
    12  that are privacy-invasive.
    13    5.  Consent  shall  be  used to justify the collection of data only in
    14  instances where it can be  appropriately  and  meaningfully  given.  Any
    15  consent  requests  shall be brief, understandable in plain language, and
    16  provide New York residents with agency  over  data  collection  and  its
    17  specific context of use.
    18    6.  Any  existing practice of complex notice-and-choice for broad data
    19  use shall be transformed, emphasizing clarity and user comprehension.
    20    7. Enhanced protections and restrictions shall be established for data
    21  and inferences related to sensitive domains. In sensitive domains, indi-
    22  vidual data and related inferences may only be used for necessary  func-
    23  tions, safeguarded by ethical review and use prohibitions.
    24    8.  New  York  residents  and  New York communities shall be free from
    25  unchecked surveillance; surveillance technologies shall  be  subject  to
    26  heightened  oversight,  including  at least pre-deployment assessment of
    27  their potential harms and scope limits  to  protect  privacy  and  civil
    28  liberties.
    29    9.  Continuous surveillance and monitoring shall not be used in educa-
    30  tion, work, housing, or  any  other  contexts  where  the  use  of  such
    31  surveillance  technologies  is likely to limit rights, opportunities, or
    32  access.
    33    10. Whenever possible, New York residents shall have access to report-
    34  ing that confirms respect for  their  data  decisions  and  provides  an
    35  assessment of the potential impact of surveillance technologies on their
    36  rights, opportunities, or access.
    37    § 407. Notice and explanation. 1. New York residents shall be informed
    38  when  an  automated  system  is  in  use and New York residents shall be
    39  informed how and why the system  contributes  to  outcomes  that  impact
    40  them.
    41    2.  Designers,  developers,  and  deployers of automated systems shall
    42  provide  accessible  plain  language  documentation,   including   clear
    43  descriptions  of the overall system functioning, the role of automation,
    44  notice of system use, identification of the individual  or  organization
    45  responsible  for  the system, and clear, timely, and accessible explana-
    46  tions of outcomes.
    47    3. The provided notice shall be kept up-to-date, and  New  York  resi-
    48  dents impacted by the system shall be notified of any significant chang-
    49  es to use cases or key functionalities.
    50    4.  New  York residents shall have the right to understand how and why
    51  an outcome impacting them was determined by an  automated  system,  even
    52  when the automated system is not the sole determinant of the outcome.
    53    5.  Automated  systems shall provide explanations that are technically
    54  valid, meaningful to the individual and any other persons  who  need  to
    55  understand  the  system  and proportionate to the level of risk based on
    56  the context.

        S. 8209                             6
     1    6. Summary reporting, including plain language information about these
     2  automated systems and assessments of the clarity and quality  of  notice
     3  and explanations, shall be made public whenever possible.
     4    §  408.  Human  alternatives, consideration, and fallback. 1. New York
     5  residents shall have the right to opt out of  automated  systems,  where
     6  appropriate,  in  favor  of  a human alternative. The appropriateness of
     7  such an option shall be determined based on reasonable expectations in a
     8  given context, with a focus on ensuring broad accessibility and protect-
     9  ing the public from particularly harmful impacts. In some  instances,  a
    10  human or other alternative may be mandated by law.
    11    2.  New  York  residents shall have access to a timely human consider-
    12  ation and remedy through a fallback and escalation process if  an  auto-
    13  mated  system  fails,  produces  an  error, or if they wish to appeal or
    14  contest its impacts on them.
    15    3. The human consideration and fallback process shall  be  accessible,
    16  equitable,  effective,  maintained,  accompanied by appropriate operator
    17  training, and should not impose an unreasonable burden on the public.
    18    4. Automated  systems  intended  for  use  within  sensitive  domains,
    19  including  but  not  limited to criminal justice, employment, education,
    20  and health, shall additionally be tailored  to  their  purpose,  provide
    21  meaningful access for oversight, include training for New York residents
    22  interacting  with  the  system,  and incorporate human consideration for
    23  adverse or high-risk decisions.
    24    5. Summary reporting, which  includes  a  description  of  such  human
    25  governance  processes and an assessment of their timeliness, accessibil-
    26  ity, outcomes, and effectiveness, shall be made publicly available when-
    27  ever possible.
    28    § 409. Penalties; no private cause of action. 1. Where an operator  of
    29  an  automated system violates or causes a violation of any of the rights
    30  stated within this article, such operator shall be liable to the  people
    31  of  this  state  for  a  penalty  not less than three times such damages
    32  caused.
    33    2. The penalty provided for in subdivision one of this section may  be
    34  recovered  by  an action brought by the attorney general in any court of
    35  competent jurisdiction.
    36    3. Nothing set forth in this article shall be construed  as  creating,
    37  establishing,  or  authorizing a private cause of action by an aggrieved
    38  person against an operator of an automated system who has  violated,  or
    39  is alleged to have violated, any provision of this article.
    40    §  4.  This  act shall take effect on the ninetieth day after it shall
    41  have become a law.
Go to top