Connecticut Enters AI Fray

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The Connecticut governor recently signed SB 1103, bringing the state into the artificial intelligence regulation fray. The law regulates state agencies, and calls on the Department of Administrative Services to perform regular assessments of systems use by these agencies. The assessment is to identify which systems use artificial intelligence and to ensure that the use does not result in unlawful discrimination or disparate impacts. The systems inventory must be conducted by December 31 of this year, and the assessment by February 1, 2024. These inventories and assessments must thereafter be conducted on an annual basis.

The law also calls on the Office of Policy and Management to implement policies and procedures about how state agencies can use artificial intelligence. Among other things, state agencies will not be able to use the tools in a way that unlawfully discriminates or creates a disparate impact on individuals. Additionally -and importantly for those who do business with Connecticut state agencies- these procedures will govern how state agencies can procure systems from vendors that include artificial intelligence. Finally, beginning October 1, 2023, state contracting agencies must include provisions that require businesses working with them to comply with Connecticut’s comprehensive/general data privacy law.

Putting It Into Practice: This new law will have limited scope, applying to Connecticut state agencies and to a much lesser extent those who do business with them. It is, though, a reminder that artificial intelligence, and systems that incorporate them, are of concern for regulators. We may thus see other similar laws in the future.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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