California State Senate Approves the California Artificial Intelligence Bill of Rights
SACRAMENTO – Yesterday, the California Senate approved Senate Bill 420, authored by Senator Steve Padilla (D-San Diego). SB 420 seeks to provide a framework and regulatory structure to ensure that AI systems respect human rights, promote fairness, transparency, accountability, and safeguard Californian’s well-being.
“California has a proud heritage as the home of technological vision and innovation while maintaining ethical, safe standards and the development of AI must be no exception,” said Senator Padilla. “Tech companies would have us believe any regulation at all would be disastrous. The truth is it would be disastrous to allow tech titans to operate AI without oversight, accountability, or restraint.”
Regulations around artificial intelligence as well as the very definitions that are set into law will have critical impacts on the lives of Californians as AI products become integrated into everyday life. Recently, the California Department of Technology conducted an audit of its usage of high risk automated decision making systems, reporting that no state agency is utilizing this technology despite ample evidence to the contrary.
The California Department of Corrections and Rehabilitation uses an AI product, COMPAS, with a documented history of racial bias, but the department reported no use of high-risk automation. The California Employment Development Department, which also reported no use of high-risk automated systems, use AI product analysis to pause unemployment benefits for 1.1 million people. Some 600,000 of those claims were later confirmed as legitimate.
SB 420 would regulate the development and deployment, by both public and private actors, of “high-risk” automated decision systems (ADS) by requiring an impact assessment to evaluate their purpose, use of data, potential for bias, and the steps taken to address those risks. The bill would require that individuals subject to ADS know when the tool is being used to make decisions about them, details about the ADS, and, where technically feasible, the opportunity to appeal such decisions for review by a person. The bill draws inspiration from the EU AI Act and from Colorado’s recently passed framework in an effort to strike a balance between providing guardrails and not stifling innovation, which is critical to the California economy.
The California Artificial Intelligence Bill of Rights continues Senator Padilla’s work in the AI space. Earlier this year, he introduced Senate Bill 243, which would protect users from predatory chatbot practices. Click here to learn more.
Senate Bill 420 passed by a vote of 26 to 9 and now moves to the Assembly.
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Steve Padilla represents the 18th Senate District, which includes the communities of Chula Vista, the Coachella Valley, Imperial Beach, the Imperial Valley, National City, and San Diego. Prior to his election to the Senate in 2022, Senator Padilla was the first person of color ever elected to city office in Chula Vista, the first Latino Mayor, and the first openly LGBT person to serve or be elected to city office. Website of Senator Steve Padilla: https://sd18.senate.ca.gov/