Q: Our vendor says its system is only “decision support.” Does that mean automated-decision requirements do not apply?
CLICBrain: The vendor’s label alone should not determine the analysis. Under Colorado’s revised framework, examine whether the technology meets the ADMT definition, materially influences a consequential decision concerning a covered consumer, and falls outside applicable exclusions or exemptions.
Ask:
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What output does the system produce?
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How is that output used?
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Does it rank, score, classify, recommend, predict, or screen?
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What decision does it influence?
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Does the output affect the result, or is its role merely incidental or clerical?
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How much weight do employees give it?
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What human participation occurs?
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What happens to the affected individual if the result is adverse?
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What developer documentation supports appropriate use and review?
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What consumer-facing processes may be required?
The same technology can play different roles depending on how an organization deploys it.
That is why governance should document the tool, the use case, the decision pathway, and the legal scope analysis.
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CLICBrain Weekly Briefings provide operational compliance intelligence and commentary for internet businesses. Regulatory developments, enforcement activity, and legal requirements discussed herein should be evaluated in the context of your organization’s specific operations, systems, data practices, jurisdictions, and risk profile. This briefing is for informational and educational purposes only and does not constitute legal advice.