22756.
As used in this chapter:
(a) “Adverse outcome” means either of the following:
(1) A decision that denies, terminates, revokes, or materially reduces or restricts a natural person’s access to, eligibility for, selection for, compensation for, or the provision of an opportunity or service.
(2) A decision that results in materially less favorable differentiated price, cost, compensation, or other material terms that are reasonably likely to materially limit, delay, or effectively deny, or otherwise fundamentally alter, a natural person’s access to, eligibility for, selection for, compensation for, or the provision of an opportunity or service compared to terms offered to similarly situated natural persons. If a decision outcome imposes materially less favorable differentiated pricing or terms, the decision outcome materially impacts price, cost sharing, compensation, or material terms.
(b) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(c) (1) “Automated decision system” means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons.
(2) “Automated decision system” does not include a spam email filter, firewall, antivirus software, identity verification or access management tool, calculator, database, dataset, spreadsheet, document validation or authenticity tool, or other compilation of data or information.
(d) “Consequential decision” means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: decision, determination, or action made about a natural person that relates to the provision of or a natural person’s access to, eligibility for, selection for, or compensation for any of the following:
(1) Employment-related decisions.
(2) Education and vocational training as they relate to any of the following:
(A) Assessment and placement.
(B) Accreditation.
(C) Certification.
(D) Admissions and enrollment.
(E) Discipline.
(F) Financial aid and scholarships.
(3) Housing and lodging as they relate to any of the following:
(A) Rental or short-term housing and lodging.
(B) Home appraisals.
(C) Rental subsidies.
(D) Publicly supported housing.
(4) Health care and health insurance, including mental health care, dental, and vision.
(5) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor.
(6) Access to government benefits or services.
(7) Insurance.
(e) (1) “Covered ADS” means an automated decision system that is designed for, or used by, a deployer to profile a natural person in order for the deployer to make or facilitate a consequential decision.
(2) “Covered ADS” does not mean a GenAI system that is not intended or advertised to be used by a deployer to profile a natural person in order to make or facilitate a consequential decision.
(f) “Credit score” means a credit score, as defined in Section 1785.15.1 of the Civil Code, from a consumer credit reporting agency, as defined in Section 1785.3 of the Civil Code.
(g) “Deployer” means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.
(h) “Developer” means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision.
(i) (1) “Developer-approved use” means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision.
(2) “Developer-approved use” includes any reasonably foreseeable fine-tuning of the covered ADS.
(j) “Disparate impact” means a differential effect on a group of individuals who share a protected characteristic.
(k) “Disparate treatment” means differential treatment of an individual or group of individuals on the basis of a protected characteristic.
(l) “Employment-related decision” means a decision made by an employer, either directly or through a third party, that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks and responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, or other terms or conditions of employment.
(m) (1) “Express consent” means an affirmative written authorization that is granted in response to a notice that is both of the following:
(A) Clear, meaningful, and prominent.
(B) Conveyed in a manner that a natural person would notice and understand it.
(2) “Express consent” does not include an authorization that is any of the following:
(A) Inferred from inaction.
(B) Obtained through the use of a dark pattern, as defined in Section 56.18 of the Civil Code.
(C) Contained within a more general notice, agreement, or set of terms and conditions.
(n) “FERPA” means the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
(o) “Fine-tune” means to adjust the model parameters of an automated decision system through exposure to additional data.
(p) “GenAI system” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s training data.
(q)“Labor Commissioner” means Chief of the Division of Labor Standards Enforcement.
(r)
(q) “Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code.
(s)
(r) “Profile” means to use a covered ADS that does both of the following:
(1) Receives, as input data, the personal information of a subject of the consequential decision.
(2) Issues a simplified output, including a score, classification, or recommendation, in order to evaluate the subject or predict outcomes specific to the subject.
(t)
(s) “Protected characteristic” means a characteristic listed in subdivision (b) of Section 51 of the Civil Code.
(u)
(t) (1) “Substantial modification” means a new version, release, update, or other modification to a covered ADS that materially changes its uses or outputs.
(2) “Substantial modification” does not include a modification that results from fine-tuning.
(v)
(u) “Trade secret” has the same meaning as in Section 3426.1 of the Civil Code.
(w)
(v)
The definitions of “disparate impact” and “disparate treatment” provided in subdivisions (i) and (j) are intended solely for purposes of internal compliance, risk assessment, and documentation required by this chapter. These definitions shall not be construed to modify or supersede any standard, burden of proof, or element of a claim under the Unruh Civil Rights Act (Section 51 of the Civil Code), the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et seq.), or any other applicable civil rights law.