AI Frontier Institute

AUTOMATED DECISION TOOLS

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Illinois SB2203, introduced February 7, 2025, creates the Preventing Algorithmic Discrimination Act. Under Section 10, deployers of automated decision tools must conduct annual impact assessments beginning January 1, 2027, covering the tool's purpose, outputs, data collected, potential adverse impacts by protected class, safeguards, human oversight, and validity evaluation. Additional assessments are required for significant updates. Section 15 requires deployers to notify individuals before or when an automated decision tool makes or controls a consequential decision, and—if the decision is made solely by the tool—to offer an alternative process if technically feasible. Section 20 requires deployers to establish and maintain a governance program with administrative and technical safeguards against algorithmic discrimination, designate at least one compliance officer, conduct annual policy reviews, and retain impact assessment results for two years. Sections 10 and 20 exempt deployers with fewer than 25 employees unless the tool affected more than 999 people in the prior calendar year. Section 25 requires deployers to publish a plain-language policy describing tools in use and how discrimination risks are managed. Section 30 prohibits algorithmic discrimination outright; beginning January 1, 2028, harmed individuals may bring civil actions for compensatory damages, declaratory relief, and attorney's fees. Section 35 requires deployers to submit completed impact assessments to the Attorney General within 60 days; knowing violations carry administrative fines up to $10,000 per day per violation. Section 40 classifies any violation as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2HHHH), giving the Attorney General full enforcement authority under that Act. Consequential decisions covered include employment, education, housing, utilities, healthcare, financial services, criminal justice, voting, and access to benefits.

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