Warden Watch

Colorado: Automated Decision-Making Technology in Consequential Decisions Act (SB 26-189)

ColoradoLegislationNot in force

Senate Bill 26-189 regulates the use of automated decision-making technology (ADMT) that materially influences consequential decisions for Colorado consumers. It applies to both developers (providers) and deployers of covered ADMT in domains including employment, education, housing, and financial services. The law transitions away from mandatory algorithmic impact assessments and instead focuses on consumer transparency, notice, and appeal rights. It requires deployers to provide clear, upfront notice to individuals before an ADMT is used, and a plain-language explanation within 30 days if the ADMT results in an adverse outcome. Furthermore, the legislation grants consumers the right to request meaningful human review of adverse consequential decisions and the right to correct factually inaccurate personal data. The law does not mandate formal bias audits but requires providers to supply deployers with technical documentation detailing the system's intended uses, data sources, and known limitations.

Impact

What this means for HR and vendors

HR and recruitment teams

HR teams must prepare for new transparency and appeal obligations when using automated decision-making technology for hiring, compensation, or other consequential employment decisions. Organizations should ensure they can provide point-of-interaction notices to candidates and employees before ADMT is used. Additionally, HR teams may need to build processes to deliver plain-language explanations within 30 days of an adverse outcome, such as rejecting a candidate. This increases the importance of establishing trained personnel capable of conducting meaningful human review and reconsideration of AI-assisted decisions when requested by affected individuals.

HR technology vendors

HR technology providers must supply their deployer customers with comprehensive technical documentation regarding their covered ADMT systems. Providers are legally required to disclose the intended uses, known limitations, and categories of training data used in their models. They must also provide clear instructions to help deployers monitor the system and conduct meaningful human review. Furthermore, providers are expected to notify customers of any material updates or modifications to the system. While the law avoids mandatory impact assessments, providers face direct legal duties to maintain transparency documentation for three years.

Key obligations

What organizations need to do

Practical obligation briefings focused on what the requirement is, who it applies to, when it applies and what teams should consider doing.

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