Legislation
SECTION 501
Definitions
State Technology (STT) CHAPTER 57-A, ARTICLE 5
* § 501. Definitions. For the purpose of this article:
1. "Automated decision-making tool" shall mean any software that uses
algorithms, computational models, or artificial intelligence techniques,
or a combination thereof, to automate, support, or replace human
decision-making. "Automated decision-making tool" shall not include any
software used primarily for basic computerized processes, such as
calculators, spellcheck tools, autocorrect functions, spreadsheets,
electronic communications, or any tool that relates only to internal
management affairs such as ordering office supplies or processing
payments, and that do not materially affect the rights, liberties,
benefits, safety or welfare of any individual within the state.
"Automated decision-making tools" shall not include "automated
employment decision-making tools" as defined in section four hundred one
of this chapter.
2. "Meaningful human review" means review, oversight and control of
the automated decision-making process by one or more individuals who
understand the risks, limitations, and functionality of, and are trained
to use, the automated decision-making tool and who have the authority to
intervene or alter the decision under review, including but not limited
to the ability to approve, deny, or modify any decision recommended or
made by the automated tool.
3. "Government agency" shall mean: (a) the state or civil division
thereof; (b) a county, city, town or village; (c) a school district,
board of cooperative educational services, vocational education and
extension board or a school district as enumerated in section one of
chapter five hundred sixty-six of the laws of nineteen hundred
sixty-seven, as amended; (d) the state university of New York; (e) the
city university of New York; (f) a public improvement or special
district including police or fire districts; (g) a public authority,
commission or public benefit corporation; or (h) any other public
corporation, agency, instrumentality or unit of government which
exercises governmental power under the laws of this state.
* NB Effective December 12, 2026
1. "Automated decision-making tool" shall mean any software that uses
algorithms, computational models, or artificial intelligence techniques,
or a combination thereof, to automate, support, or replace human
decision-making. "Automated decision-making tool" shall not include any
software used primarily for basic computerized processes, such as
calculators, spellcheck tools, autocorrect functions, spreadsheets,
electronic communications, or any tool that relates only to internal
management affairs such as ordering office supplies or processing
payments, and that do not materially affect the rights, liberties,
benefits, safety or welfare of any individual within the state.
"Automated decision-making tools" shall not include "automated
employment decision-making tools" as defined in section four hundred one
of this chapter.
2. "Meaningful human review" means review, oversight and control of
the automated decision-making process by one or more individuals who
understand the risks, limitations, and functionality of, and are trained
to use, the automated decision-making tool and who have the authority to
intervene or alter the decision under review, including but not limited
to the ability to approve, deny, or modify any decision recommended or
made by the automated tool.
3. "Government agency" shall mean: (a) the state or civil division
thereof; (b) a county, city, town or village; (c) a school district,
board of cooperative educational services, vocational education and
extension board or a school district as enumerated in section one of
chapter five hundred sixty-six of the laws of nineteen hundred
sixty-seven, as amended; (d) the state university of New York; (e) the
city university of New York; (f) a public improvement or special
district including police or fire districts; (g) a public authority,
commission or public benefit corporation; or (h) any other public
corporation, agency, instrumentality or unit of government which
exercises governmental power under the laws of this state.
* NB Effective December 12, 2026