S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8129
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Science and Technology
 
 AN ACT to amend the state technology law, in relation  to  enacting  the
   New York artificial intelligence bill of rights
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York artificial intelligence bill of rights".
   §  2.  Legislative  intent.  This  legislature  hereby finds that this
 generation of humans is the first in history  to  have  the  ability  to
 create  technologies that can make decisions which previously could have
 only been made by humans. States and  countries  across  the  world  are
 grappling  with  critical questions of how we can use these technologies
 to solve our problems, how we can avoid or manage the new problems  that
 these  technologies  may  create,  and how we can control these powerful
 technologies.
   Therefore,  the  legislature  declares  that  any  New  York  resident
 affected  by  any  system making decisions without human intervention be
 entitled to certain rights and protections to  ensure  that  the  system
 impacting  their  lives  do  so  lawfully, properly, and with meaningful
 oversight.
   Among these rights and protections are  (i)  the  right  to  safe  and
 effective  systems; (ii) protections against algorithmic discrimination;
 (iii) protections against abusive data practices; (iv) the right to have
 agency over one's data; (v) the right to know when an  automated  system
 is  being  used;  (vi)  the right to understand how and why an automated
 system contributed to outcomes that impact one; (vii) the right  to  opt
 out of an automated system; and (viii) the right to work with a human in
 the place of an automated system.
   The  legislature also finds that automated systems will continue to be
 developed and evolve both within the state and outside the state. It  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13117-01-3
              

 A. 8129                             2
 
 therefore  critical that New York does not overburden the development of
 innovative systems that better the state and its  residents,  nor  drive
 the development of such systems to foreign states or countries with less
 appropriate regulation, nor threaten the security of our state, country,
 and its people.
   To these ends, the legislature declares that the white paper published
 by  the  White  House Office of Science and Technology titled "Blueprint
 for an AI Bill of Rights" in October of 2022 is  commensurate  with  the
 goals of this state in relation to artificial intelligence.
   § 3. The state technology law is amended by adding a new article IV to
 read as follows:
                                ARTICLE IV
                  ARTIFICIAL INTELLIGENCE BILL OF RIGHTS
 
 SECTION 401. DEFINITIONS.
         402. APPLICATION.
         403. CONSTRUCTION.
         404. SAFE AND EFFECTIVE SYSTEMS.
         405. ALGORITHMIC DISCRIMINATION PRACTICES.
         406. DATA PRIVACY.
         407. NOTICE AND EXPLANATION.
         408. HUMAN ALTERNATIVES, CONSIDERATION, AND FALLBACK.
         409. PENALTIES; NO PRIVATE CAUSE OF ACTION.
   § 401. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "CIVIL  RIGHTS, CIVIL LIBERTIES, AND PRIVACY" OR "RIGHTS, OPPORTU-
 NITY, AND ACCESS" MEANS SUCH RIGHTS AND PROTECTIONS PROVIDED FOR IN  THE
 UNITED  STATES  CONSTITUTION,  FEDERAL LAW, THE LAWS AND CONSTITUTION OF
 THE STATE OF NEW YORK, AND PRIVACY AND OTHER FREEDOMS THAT EXIST IN BOTH
 THE PUBLIC AND PRIVATE SECTOR CONTEXTS, WHICH SHALL INCLUDE,  BUT  SHALL
 NOT BE LIMITED TO:
   (A) FREEDOM OF SPEECH;
   (B) VOTING RIGHTS;
   (C) PROTECTIONS FROM DISCRIMINATION;
   (D) PROTECTIONS FROM EXCESSIVE OR UNJUST PUNISHMENT; AND
   (E) PROTECTIONS FROM UNLAWFUL SURVEILLANCE.
   2. "EQUAL OPPORTUNITY" MEANS EQUAL ACCESS TO EDUCATION, HOUSING, CRED-
 IT, EMPLOYMENT, AND OTHER PROGRAMS.
   3. "ACCESS TO CRITICAL RESOURCES OR SERVICES" MEANS SUCH RESOURCES AND
 SERVICES  THAT ARE FUNDAMENTAL FOR THE WELL-BEING, SECURITY, AND EQUITA-
 BLE PARTICIPATION OF NEW YORK RESIDENTS IN SOCIETY, WHICH SHALL INCLUDE,
 BUT SHALL NOT BE LIMITED TO:
   (A) HEALTHCARE;
   (B) FINANCIAL SERVICES;
   (C) SAFETY;
   (D) SOCIAL SERVICES;
   (E) NON-DECEPTIVE INFORMATION ABOUT GOODS AND SERVICES; AND
   (F) GOVERNMENT BENEFITS.
   4. "ALGORITHMIC DISCRIMINATION" MEANS CIRCUMSTANCES WHERE AN AUTOMATED
 SYSTEM CONTRIBUTES TO AN UNJUSTIFIED DIFFERENT TREATMENT OR IMPACT WHICH
 DISFAVORS PEOPLE BASED ON THEIR AGE, COLOR, CREED, DISABILITY,  DOMESTIC
 VIOLENCE  VICTIM STATUS, GENDER IDENTITY OR EXPRESSION, FAMILIAL STATUS,
 MARITAL STATUS, MILITARY STATUS, NATIONAL ORIGIN,  PREDISPOSING  GENETIC
 CHARACTERISTICS, PREGNANCY-RELATED CONDITION, PRIOR ARREST OR CONVICTION
 RECORD,  RACE,  SEX,  SEXUAL ORIENTATION, OR VETERAN STATUS OR ANY OTHER
 CLASSIFICATION PROTECTED BY LAW.
 A. 8129                             3
 
   5. "AUTOMATED SYSTEM" MEANS ANY  SYSTEM,  SOFTWARE,  OR  PROCESS  THAT
 AFFECTS  NEW YORK RESIDENTS AND THAT USES COMPUTATION AS A WHOLE OR PART
 OF A SYSTEM TO DETERMINE OUTCOMES, MAKE OR AID DECISIONS, INFORM  POLICY
 IMPLEMENTATION, COLLECT DATA OR OBSERVATIONS, OR OTHERWISE INTERACT WITH
 NEW  YORK RESIDENTS OR COMMUNITIES. AUTOMATED SYSTEMS SHALL INCLUDE, BUT
 NOT BE LIMITED TO, SYSTEMS DERIVED FROM MACHINE LEARNING, STATISTICS, OR
 OTHER DATA PROCESSING OR ARTIFICIAL INTELLIGENCE TECHNIQUES,  AND  SHALL
 EXCLUDE PASSIVE COMPUTING INFRASTRUCTURE.
   6.  "PASSIVE  COMPUTING INFRASTRUCTURE" SHALL INCLUDE ANY INTERMEDIARY
 TECHNOLOGY THAT DOES NOT INFLUENCE OR DETERMINE  THE  OUTCOME  OF  DECI-
 SIONS,  MAKE  OR  AID  IN  DECISIONS,  INFORM  POLICY IMPLEMENTATION, OR
 COLLECT DATA OR OBSERVATIONS, INCLUDING WEB  HOSTING,  DOMAIN  REGISTRA-
 TION, NETWORKING, CACHING, DATA STORAGE, OR CYBERSECURITY.
   7.  "COMMUNITIES"  MEANS  NEIGHBORHOODS,  SOCIAL  NETWORK CONNECTIONS,
 FAMILIES, PEOPLE CONNECTED BY AFFINITY, IDENTITY, OR SHARED  TRAITS  AND
 FORMAL  ORGANIZATIONAL TIES. THIS INCLUDES TRIBES, CLANS, BANDS, RANCHE-
 RIAS, VILLAGES, AND OTHER INDIGENOUS COMMUNITIES.
   8. "SOCIAL NETWORK" MEANS  ANY  CONNECTION  OF  PERSONS  WHICH  EXISTS
 ONLINE OR OFFLINE.
   9.  "FAMILIES"  MEANS  ANY  RELATIONSHIP, WHETHER BY BLOOD, CHOICE, OR
 OTHERWISE, WHERE ONE OR MORE PERSONS ASSUME A CAREGIVER ROLE, PRIMARY OR
 SHARED, FOR ONE OR MORE OTHERS, OR WHERE  INDIVIDUALS  MUTUALLY  SUPPORT
 AND ARE COMMITTED TO EACH OTHER'S WELL-BEING.
   10.  "EQUITY"  MEANS  THE  CONSISTENT  AND  SYSTEMATIC FAIR, JUST, AND
 IMPARTIAL TREATMENT OF ALL NEW YORK RESIDENTS. SYSTEMIC, FAIR, AND  JUST
 TREATMENT  SHALL  TAKE INTO ACCOUNT THE STATUS OF NEW YORK RESIDENTS WHO
 BELONG TO UNDERSERVED COMMUNITIES THAT HAVE BEEN DENIED SUCH  TREATMENT,
 SUCH AS BLACK, LATINO, AND INDIGENOUS AND NATIVE AMERICAN PERSONS, ASIAN
 AMERICANS  AND  PACIFIC ISLANDERS AND OTHER PERSONS OF COLOR; MEMBERS OF
 RELIGIOUS MINORITIES; WOMEN, GIRLS, AND NON-BINARY PEOPLE; LESBIAN, GAY,
 BISEXUAL,  TRANSGENDER,  QUEER,  AND  INTERSEX  PERSONS;  OLDER  ADULTS;
 PERSONS  WITH DISABILITIES; PERSONS WHO LIVE IN RURAL AREAS; AND PERSONS
 OTHERWISE ADVERSELY AFFECTED BY PERSISTENT POVERTY OR INEQUALITY.
   11. "SENSITIVE DATA" MEANS ANY DATA AND METADATA:
   (A) THAT PERTAINS TO A NEW YORK RESIDENT IN A SENSITIVE DOMAIN;
   (B) THAT ARE GENERATED BY TECHNOLOGIES IN A SENSITIVE DOMAIN;
   (C) THAT CAN BE USED TO INFER DATA FROM A SENSITIVE DOMAIN;
   (D) ABOUT A NEW YORK RESIDENT, SUCH AS DISABILITY-RELATED DATA, GENOM-
 IC DATA, BIOMETRIC DATA, BEHAVIORAL DATA, GEOLOCATION DATA, DATA RELATED
 TO THE CRIMINAL JUSTICE SYSTEM, RELATIONSHIP HISTORY,  OR  LEGAL  STATUS
 SUCH AS CUSTODY AND DIVORCE INFORMATION, AND HOME, WORK, OR SCHOOL ENVI-
 RONMENTAL DATA;
   (E)  THAT  HAS  THE  REASONABLE  POTENTIAL TO BE USED IN WAYS THAT ARE
 LIKELY TO EXPOSE NEW YORK RESIDENTS TO MEANINGFUL HARM, SUCH AS  A  LOSS
 OF PRIVACY OR FINANCIAL HARM DUE TO IDENTITY THEFT; OR
   (F) THAT IS GENERATED BY A PERSON UNDER THE AGE OF EIGHTEEN.
   12.  "SENSITIVE  DOMAIN"  MEANS A PARTICULAR AREA, FIELD, OR SPHERE OF
 ACTIVITY IN WHICH ACTIVITIES BEING CONDUCTED CAN CAUSE  MATERIAL  HARMS,
 INCLUDING  SIGNIFICANT  ADVERSE EFFECTS ON HUMAN RIGHTS SUCH AS AUTONOMY
 AND DIGNITY, AS WELL AS CIVIL LIBERTIES AND CIVIL RIGHTS.
   13. "SURVEILLANCE TECHNOLOGY" MEANS PRODUCTS OR SERVICES MARKETED  FOR
 OR  THAT  CAN  BE  LAWFULLY USED TO DETECT, MONITOR, INTERCEPT, COLLECT,
 EXPLOIT, PRESERVE, PROTECT, TRANSMIT, OR RETAIN DATA, IDENTIFYING INFOR-
 MATION, OR COMMUNICATIONS CONCERNING NEW YORK RESIDENTS OR GROUPS.
 A. 8129                             4
 
   14. "UNDERSERVED COMMUNITIES" MEANS COMMUNITIES THAT HAVE BEEN SYSTEM-
 ATICALLY DENIED A FULL OPPORTUNITY TO PARTICIPATE IN ASPECTS OF  ECONOM-
 IC, SOCIAL, AND CIVIC LIFE.
   §  402. APPLICATION. THE RIGHTS CONTAINED WITHIN THIS ARTICLE SHALL BE
 CONSTRUED AS APPLYING TO NEW YORK RESIDENTS AGAINST  PERSONS  DEVELOPING
 AUTOMATED  SYSTEMS  THAT  HAVE  THE POTENTIAL TO MEANINGFULLY IMPACT NEW
 YORK RESIDENTS':
   1. CIVIL RIGHTS, CIVIL LIBERTIES, AND PRIVACY;
   2. EQUAL OPPORTUNITIES; OR
   3. ACCESS TO CRITICAL RESOURCES OR SERVICES.
   § 403. CONSTRUCTION. THE RIGHTS CONTAINED WITHIN THIS ARTICLE SHALL BE
 CONSTRUED AS HARMONIOUS AND MUTUALLY SUPPORTIVE.
   § 404. SAFE AND EFFECTIVE SYSTEMS. 1.  NEW  YORK  RESIDENTS  HAVE  THE
 RIGHT  TO  BE  PROTECTED  FROM  UNSAFE OR INEFFECTIVE AUTOMATED SYSTEMS.
 THESE SYSTEMS MUST BE DEVELOPED IN COLLABORATION WITH  DIVERSE  COMMUNI-
 TIES,  STAKEHOLDERS,  AND  DOMAIN  EXPERTS  TO  IDENTIFY AND ADDRESS ANY
 POTENTIAL CONCERNS, RISKS, OR IMPACTS.
   2. AUTOMATED SYSTEMS SHALL UNDERGO PRE-DEPLOYMENT TESTING, RISK  IDEN-
 TIFICATION  AND MITIGATION, AND SHALL ALSO BE SUBJECTED TO ONGOING MONI-
 TORING THAT DEMONSTRATES THEY ARE SAFE  AND  EFFECTIVE  BASED  ON  THEIR
 INTENDED  USE,  MITIGATION OF UNSAFE OUTCOMES INCLUDING THOSE BEYOND THE
 INTENDED USE, AND ADHERENCE TO DOMAIN-SPECIFIC STANDARDS.
   3. IF AN AUTOMATED SYSTEM FAILS  TO  MEET  THE  REQUIREMENTS  OF  THIS
 SECTION,  IT  SHALL  NOT  BE  DEPLOYED  OR,  IF ALREADY IN USE, SHALL BE
 REMOVED. NO AUTOMATED SYSTEM SHALL BE DESIGNED  WITH  THE  INTENT  OR  A
 REASONABLY  FORESEEABLE POSSIBILITY OF ENDANGERING THE SAFETY OF ANY NEW
 YORK RESIDENT OR NEW YORK COMMUNITIES.
   4. AUTOMATED SYSTEMS SHALL BE DESIGNED TO PROACTIVELY PROTECT NEW YORK
 RESIDENTS FROM HARM STEMMING FROM UNINTENDED, YET FORESEEABLE,  USES  OR
 IMPACTS.
   5. NEW YORK RESIDENTS ARE ENTITLED TO PROTECTION FROM INAPPROPRIATE OR
 IRRELEVANT  DATA USE IN THE DESIGN, DEVELOPMENT, AND DEPLOYMENT OF AUTO-
 MATED SYSTEMS, AND FROM THE COMPOUNDED HARM OF ITS REUSE.
   6. INDEPENDENT EVALUATION AND REPORTING THAT CONFIRMS THAT THE  SYSTEM
 IS  SAFE  AND  EFFECTIVE, INCLUDING REPORTING OF STEPS TAKEN TO MITIGATE
 POTENTIAL HARMS, SHALL BE PERFORMED AND THE RESULTS MADE PUBLIC WHENEVER
 POSSIBLE.
   § 405. ALGORITHMIC DISCRIMINATION PRACTICES. 1. NO NEW  YORK  RESIDENT
 SHALL FACE DISCRIMINATION BY ALGORITHMS, AND ALL AUTOMATED SYSTEMS SHALL
 BE USED AND DESIGNED IN AN EQUITABLE MANNER.
   2. THE DESIGNERS, DEVELOPERS, AND DEPLOYERS OF AUTOMATED SYSTEMS SHALL
 TAKE PROACTIVE AND CONTINUOUS MEASURES TO PROTECT NEW YORK RESIDENTS AND
 COMMUNITIES FROM ALGORITHMIC DISCRIMINATION, ENSURING THE USE AND DESIGN
 OF THESE SYSTEMS IN AN EQUITABLE MANNER.
   3.  THE  PROTECTIVE  MEASURES  REQUIRED  BY THIS SECTION SHALL INCLUDE
 PROACTIVE EQUITY ASSESSMENTS AS PART OF THE SYSTEM DESIGN, USE OF REPRE-
 SENTATIVE DATA, PROTECTION AGAINST PROXIES FOR DEMOGRAPHIC FEATURES, AND
 ASSURANCE OF ACCESSIBILITY FOR NEW YORK RESIDENTS WITH  DISABILITIES  IN
 DESIGN AND DEVELOPMENT.
   4. AUTOMATED SYSTEMS SHALL UNDERGO PRE-DEPLOYMENT AND ONGOING DISPARI-
 TY TESTING AND MITIGATION, UNDER CLEAR ORGANIZATIONAL OVERSIGHT.
   5. INDEPENDENT EVALUATIONS AND PLAIN LANGUAGE REPORTING IN THE FORM OF
 AN  ALGORITHMIC  IMPACT  ASSESSMENT, INCLUDING DISPARITY TESTING RESULTS
 AND  MITIGATION  INFORMATION,  SHALL  BE  CONDUCTED  FOR  ALL  AUTOMATED
 SYSTEMS.
 A. 8129                             5
 
   6.  NEW  YORK  RESIDENTS SHALL HAVE THE RIGHT TO VIEW SUCH EVALUATIONS
 AND REPORTS.
   §  406.  DATA  PRIVACY.  1. NEW YORK RESIDENTS SHALL BE PROTECTED FROM
 ABUSIVE DATA PRACTICES VIA BUILT-IN PROTECTIONS AND SHALL MAINTAIN AGEN-
 CY OVER THE USE OF THEIR PERSONAL DATA.
   2. PRIVACY VIOLATIONS SHALL BE MITIGATED THROUGH DESIGN  CHOICES  THAT
 INCLUDE  PRIVACY  PROTECTIONS  BY DEFAULT, ENSURING THAT DATA COLLECTION
 CONFORMS TO REASONABLE EXPECTATIONS AND  THAT  ONLY  STRICTLY  NECESSARY
 DATA FOR THE SPECIFIC CONTEXT IS COLLECTED.
   3. DESIGNERS, DEVELOPERS, AND DEPLOYERS OF AUTOMATED SYSTEMS MUST SEEK
 AND   RESPECT   THE  DECISIONS  OF  NEW  YORK  RESIDENTS  REGARDING  THE
 COLLECTION, USE, ACCESS, TRANSFER, AND DELETION OF  THEIR  DATA  IN  ALL
 APPROPRIATE WAYS AND TO THE FULLEST EXTENT POSSIBLE. WHERE NOT POSSIBLE,
 ALTERNATIVE PRIVACY BY DESIGN SAFEGUARDS MUST BE IMPLEMENTED.
   4.  AUTOMATED SYSTEMS SHALL NOT EMPLOY USER EXPERIENCE OR DESIGN DECI-
 SIONS THAT OBSCURE USER CHOICE OR BURDEN  USERS  WITH  DEFAULT  SETTINGS
 THAT ARE PRIVACY-INVASIVE.
   5.  CONSENT  SHALL  BE  USED TO JUSTIFY THE COLLECTION OF DATA ONLY IN
 INSTANCES WHERE IT CAN BE  APPROPRIATELY  AND  MEANINGFULLY  GIVEN.  ANY
 CONSENT  REQUESTS  SHALL BE BRIEF, UNDERSTANDABLE IN PLAIN LANGUAGE, AND
 PROVIDE NEW YORK RESIDENTS WITH AGENCY  OVER  DATA  COLLECTION  AND  ITS
 SPECIFIC CONTEXT OF USE.
   6.  ANY  EXISTING PRACTICE OF COMPLEX NOTICE-AND-CHOICE FOR BROAD DATA
 USE SHALL BE TRANSFORMED, EMPHASIZING CLARITY AND USER COMPREHENSION.
   7. ENHANCED PROTECTIONS AND RESTRICTIONS SHALL BE ESTABLISHED FOR DATA
 AND INFERENCES RELATED TO SENSITIVE DOMAINS. IN SENSITIVE DOMAINS, INDI-
 VIDUAL DATA AND RELATED INFERENCES MAY ONLY BE USED FOR NECESSARY  FUNC-
 TIONS, SAFEGUARDED BY ETHICAL REVIEW AND USE PROHIBITIONS.
   8.  NEW  YORK  RESIDENTS  AND  NEW YORK COMMUNITIES SHALL BE FREE FROM
 UNCHECKED SURVEILLANCE; SURVEILLANCE TECHNOLOGIES SHALL  BE  SUBJECT  TO
 HEIGHTENED  OVERSIGHT,  INCLUDING  AT LEAST PRE-DEPLOYMENT ASSESSMENT OF
 THEIR POTENTIAL HARMS AND SCOPE LIMITS  TO  PROTECT  PRIVACY  AND  CIVIL
 LIBERTIES.
   9.  CONTINUOUS SURVEILLANCE AND MONITORING SHALL NOT BE USED IN EDUCA-
 TION, WORK, HOUSING, OR  ANY  OTHER  CONTEXTS  WHERE  THE  USE  OF  SUCH
 SURVEILLANCE  TECHNOLOGIES  IS LIKELY TO LIMIT RIGHTS, OPPORTUNITIES, OR
 ACCESS.
   10. WHENEVER POSSIBLE, NEW YORK RESIDENTS SHALL HAVE ACCESS TO REPORT-
 ING THAT CONFIRMS RESPECT FOR  THEIR  DATA  DECISIONS  AND  PROVIDES  AN
 ASSESSMENT OF THE POTENTIAL IMPACT OF SURVEILLANCE TECHNOLOGIES ON THEIR
 RIGHTS, OPPORTUNITIES, OR ACCESS.
   § 407. NOTICE AND EXPLANATION. 1. NEW YORK RESIDENTS SHALL BE INFORMED
 WHEN  AN  AUTOMATED  SYSTEM  IS  IN  USE AND NEW YORK RESIDENTS SHALL BE
 INFORMED HOW AND WHY THE SYSTEM  CONTRIBUTES  TO  OUTCOMES  THAT  IMPACT
 THEM.
   2.  DESIGNERS,  DEVELOPERS,  AND  DEPLOYERS OF AUTOMATED SYSTEMS SHALL
 PROVIDE  ACCESSIBLE  PLAIN  LANGUAGE  DOCUMENTATION,   INCLUDING   CLEAR
 DESCRIPTIONS  OF THE OVERALL SYSTEM FUNCTIONING, THE ROLE OF AUTOMATION,
 NOTICE OF SYSTEM USE, IDENTIFICATION OF THE INDIVIDUAL  OR  ORGANIZATION
 RESPONSIBLE  FOR  THE SYSTEM, AND CLEAR, TIMELY, AND ACCESSIBLE EXPLANA-
 TIONS OF OUTCOMES.
   3. THE PROVIDED NOTICE SHALL BE KEPT UP-TO-DATE, AND  NEW  YORK  RESI-
 DENTS IMPACTED BY THE SYSTEM SHALL BE NOTIFIED OF ANY SIGNIFICANT CHANG-
 ES TO USE CASES OR KEY FUNCTIONALITIES.
 A. 8129                             6
 
   4.  NEW  YORK RESIDENTS SHALL HAVE THE RIGHT TO UNDERSTAND HOW AND WHY
 AN OUTCOME IMPACTING THEM WAS DETERMINED BY AN  AUTOMATED  SYSTEM,  EVEN
 WHEN THE AUTOMATED SYSTEM IS NOT THE SOLE DETERMINANT OF THE OUTCOME.
   5.  AUTOMATED  SYSTEMS SHALL PROVIDE EXPLANATIONS THAT ARE TECHNICALLY
 VALID, MEANINGFUL TO THE INDIVIDUAL AND ANY OTHER PERSONS  WHO  NEED  TO
 UNDERSTAND  THE  SYSTEM  AND PROPORTIONATE TO THE LEVEL OF RISK BASED ON
 THE CONTEXT.
   6. SUMMARY REPORTING, INCLUDING PLAIN LANGUAGE INFORMATION ABOUT THESE
 AUTOMATED SYSTEMS AND ASSESSMENTS OF THE CLARITY AND QUALITY  OF  NOTICE
 AND EXPLANATIONS, SHALL BE MADE PUBLIC WHENEVER POSSIBLE.
   §  408.  HUMAN  ALTERNATIVES, CONSIDERATION, AND FALLBACK. 1. NEW YORK
 RESIDENTS SHALL HAVE THE RIGHT TO OPT OUT OF  AUTOMATED  SYSTEMS,  WHERE
 APPROPRIATE,  IN  FAVOR  OF  A HUMAN ALTERNATIVE. THE APPROPRIATENESS OF
 SUCH AN OPTION SHALL BE DETERMINED BASED ON REASONABLE EXPECTATIONS IN A
 GIVEN CONTEXT, WITH A FOCUS ON ENSURING BROAD ACCESSIBILITY AND PROTECT-
 ING THE PUBLIC FROM PARTICULARLY HARMFUL IMPACTS. IN SOME  INSTANCES,  A
 HUMAN OR OTHER ALTERNATIVE MAY BE MANDATED BY LAW.
   2.  NEW  YORK  RESIDENTS SHALL HAVE ACCESS TO A TIMELY HUMAN CONSIDER-
 ATION AND REMEDY THROUGH A FALLBACK AND ESCALATION PROCESS IF  AN  AUTO-
 MATED  SYSTEM  FAILS,  PRODUCES  AN  ERROR, OR IF THEY WISH TO APPEAL OR
 CONTEST ITS IMPACTS ON THEM.
   3. THE HUMAN CONSIDERATION AND FALLBACK PROCESS SHALL  BE  ACCESSIBLE,
 EQUITABLE,  EFFECTIVE,  MAINTAINED,  ACCOMPANIED BY APPROPRIATE OPERATOR
 TRAINING, AND SHOULD NOT IMPOSE AN UNREASONABLE BURDEN ON THE PUBLIC.
   4. AUTOMATED  SYSTEMS  INTENDED  FOR  USE  WITHIN  SENSITIVE  DOMAINS,
 INCLUDING  BUT  NOT  LIMITED TO CRIMINAL JUSTICE, EMPLOYMENT, EDUCATION,
 AND HEALTH, SHALL ADDITIONALLY BE TAILORED  TO  THEIR  PURPOSE,  PROVIDE
 MEANINGFUL ACCESS FOR OVERSIGHT, INCLUDE TRAINING FOR NEW YORK RESIDENTS
 INTERACTING  WITH  THE  SYSTEM,  AND INCORPORATE HUMAN CONSIDERATION FOR
 ADVERSE OR HIGH-RISK DECISIONS.
   5. SUMMARY REPORTING, WHICH  INCLUDES  A  DESCRIPTION  OF  SUCH  HUMAN
 GOVERNANCE  PROCESSES AND AN ASSESSMENT OF THEIR TIMELINESS, ACCESSIBIL-
 ITY, OUTCOMES, AND EFFECTIVENESS, SHALL BE MADE PUBLICLY AVAILABLE WHEN-
 EVER POSSIBLE.
   § 409. PENALTIES; NO PRIVATE CAUSE OF ACTION. 1. WHERE AN OPERATOR  OF
 AN  AUTOMATED SYSTEM VIOLATES OR CAUSES A VIOLATION OF ANY OF THE RIGHTS
 STATED WITHIN THIS ARTICLE, SUCH OPERATOR SHALL BE LIABLE TO THE  PEOPLE
 OF  THIS  STATE  FOR  A  PENALTY  NOT LESS THAN THREE TIMES SUCH DAMAGES
 CAUSED.
   2. THE PENALTY PROVIDED FOR IN SUBDIVISION ONE OF THIS SECTION MAY  BE
 RECOVERED  BY  AN ACTION BROUGHT BY THE ATTORNEY GENERAL IN ANY COURT OF
 COMPETENT JURISDICTION.
   3. NOTHING SET FORTH IN THIS ARTICLE SHALL BE CONSTRUED  AS  CREATING,
 ESTABLISHING,  OR  AUTHORIZING A PRIVATE CAUSE OF ACTION BY AN AGGRIEVED
 PERSON AGAINST AN OPERATOR OF AN AUTOMATED SYSTEM WHO HAS  VIOLATED,  OR
 IS ALLEGED TO HAVE VIOLATED, ANY PROVISION OF THIS ARTICLE.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.