AI Frontier Institute

Commerce and Trade; private entities that employ certain AI systems to guard against discrimination caused by such systems; provide

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Georgia SB 167 has not been enacted. It was read and referred to a Senate committee in February 2025. If enacted, it would add a new Chapter 16 to Title 10 of the Official Code of Georgia Annotated. The chapter would regulate "automated decision systems" (ADS) used in "consequential decisions" about Georgia residents. Those decisions cover education, employment, essential government services, financial or lending services, healthcare, housing, insurance, and legal services (10-16-1). Developers (10-16-2) could not sell or distribute an ADS that results in algorithmic discrimination. They would have to give the Attorney General and deployers documentation on purpose, training data, limitations, risks and mitigation. They would have to publish a public statement, updated within 90 days of a substantial modification. They would also have to disclose known discrimination risks within 90 days. They could redact trade secrets within limits. Deployers (10-16-3) could not use an ADS in a way that results in algorithmic discrimination. They would have to keep a risk management program that considers the NIST AI RMF or ISO/IEC 42001. They would have to complete impact assessments annually and within 90 days of a substantial modification, and publish assessments from the past three years. They could not deploy a system until they take reasonable steps to search for less discriminatory alternatives if an assessment reveals discrimination risk. Under 10-16-4, deployers would have to notify consumers before using an ADS in a consequential decision and give plain-language descriptions. Within one business day after a decision, they would have to explain its principal factors and describe how to correct data and appeal, with human review if technically feasible. Under 10-16-5 deployers would have to post a public statement of the ADS types they deploy. Under 10-16-7 they would have to report discovered discrimination to the Attorney General within 90 days. Section 10-16-6 exempts small deployers (under 15 full-time equivalent employees, fewer than 1,000 consumers affected, and other conditions) from the risk-management and impact-assessment duties. Under 10-16-11, AI systems that interact with consumers must disclose that they are AI unless that is obvious. Under 10-16-9 and 10-16-2(g), the Attorney General could demand records within seven days, and those records would be exempt from open records disclosure. The chapter is enforced by the Attorney General through the Fair Business Practices Act of 1975 (10-16-13). Affirmative defenses include curing a violation within seven days. The Attorney General may make rules (10-16-14). Consumer protections are to be construed broadly and exemptions narrowly (10-16-15). Section 10-16-12 sets exemptions, including for federal-government AI systems other than those used in employment or housing decisions.

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