Warden Watch

Michigan: Responsible Artificial Intelligence Security for Employees (RAISE) Act (SB 1077)

MichiganLegislationNot in force

Michigan Senate Bill 1077, cited as the Responsible Artificial Intelligence Security for Employees (RAISE) Act, regulates employer use of automated decisions tools (ADTs) and electronic monitoring tools in the workplace. The bill broadly prohibits employers from using ADTs to make employment-related decisions, except for high-volume application screening based on set hiring criteria or job skills. It restricts electronic monitoring tools to specific operational purposes, mandates 30-day advance written notice, and requires employers to obtain written opt-in consent while providing individuals the right to opt out. The act prohibits electronic monitoring or ADTs equipped with facial, gait, voice, or emotion recognition, bars off-duty tracking, and prohibits the collection of protected health, wellness, and demographic data. Additionally, employers must conduct annual independent impact assessments, submit them to a public registry, maintain strict data retention and security controls, and provide extensive identity theft protection in the event of a data breach.

Impact

What this means for HR and vendors

HR and recruitment teams

HR and talent acquisition teams operating in Michigan must restrict the use of automated decision tools to initial application volume screening based on skills or hiring criteria. Deploying ADTs or electronic monitoring requires 30-day advance written notices, job posting disclosures, and affirmative written consent, with alternative non-automated evaluation processes for workers who opt out. HR teams must commission annual independent impact assessments, submit summaries to a state public registry, and establish strict processes to purge unneeded data, honor 3-year retention limits, and provide robust 10-year identity protection coverage following data security breaches.

HR technology vendors

HR technology providers and service providers supplying electronic monitoring or ADT systems to Michigan employers face explicit compliance support expectations. Providers are contractually required to grant deployers access to all design, development, technical, and historical version documentation necessary to complete mandatory impact assessments. Furthermore, providers must ensure their tools do not utilize prohibited facial, gait, voice, or emotion recognition features, and must build systems that comply with strict data minimization, zero off-duty data collection, and data security standards.

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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