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Protecting Civil Rights from AI Discrimination in Critical Life Decisions.

This Act establishes new rights protecting citizens from unfair or discriminatory decisions made by AI algorithms in critical areas like employment, housing, healthcare, and the justice system. Companies must now audit their algorithms for bias and provide transparency regarding their operations. Crucially, citizens gain the right to appeal algorithmic decisions to a human and the ability to sue companies for violations.
Key points
Right to Human Alternative: Individuals can opt out of algorithmic decision-making and request a human review for consequential actions (e.g., job applications, loans, insurance).
Mandatory AI Audits: Companies must conduct independent pre-deployment evaluations and annual impact assessments to identify and mitigate potential harm or disparate impact based on protected characteristics.
Prohibition on Algorithmic Discrimination: Developers and deployers are forbidden from using AI in a way that causes unjustified differential effects (disparate impact) based on race, sex, disability, age, etc.
Private Right of Action: Citizens can sue companies for violations of these rights, and pre-dispute arbitration agreements are invalidated for these claims.
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Additional Information
Print number: 118_S_5152
Sponsor: Sen. Markey, Edward J. [D-MA]
Process start date: 2024-09-24