House Bill 2644 - Artificial Intelligence-Enabled Profiling (Washington, 2020)

Summary

House Bill 2644 of the State of Washington, 66th Legislature, 2020 Regular Session, is an act relating to artificial intelligence-enabled profiling. It lists Representatives Smith, Eslick, Santos, Pollet, and Kloba as sponsors and was referred to the Committee on Innovation, Technology & Economic Development. Section 3 provides that a person may not operate or install equipment incorporating artificial intelligence-enabled profiling in a place of public resort, accommodation, assemblage, or amusement, or use it to make decisions with legal effects or similarly significant effects concerning consumers. A prevailing plaintiff may recover actual damages, but not less than statutory damages of one thousand dollars for each negligent violation or five thousand dollars for each intentional or reckless violation.

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Full text

     H-3930.2

                                  HOUSE BILL 2644


     State of Washington          66th Legislature        2020 Regular Session

     By Representatives Smith, Eslick, Santos, Pollet, and Kloba

     Read first time 01/16/20.      Referred   to    Committee   on   Innovation,
     Technology & Economic Development.




1        AN ACT Relating to artificial intelligence-enabled profiling;
2    adding a new chapter to Title 19 RCW; and prescribing penalties.


3    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 4       NEW SECTION. Sec. 1. The legislature finds that Washingtonians
 5   are increasingly subjected to automated forms of surveillance and
 6   classification in order to participate in public life and access
 7   basic social goods, services, and opportunities. The use of
 8   artificial intelligence-enabled profiling in sensitive social and
 9   political contexts and in important decisions that impact people's
10   lives and access to opportunities is a matter of increasing concern.
11   These practices not only threaten the fundamental rights and
12   privileges of Washingtonians, they menace the foundation and
13   supporting institutions of a free democratic state. The legislature
14   intends to prohibit the use of artificial intelligence-enabled
15   profiling in places of public resort, accommodation, assemblage, or
16   amusement, and in decision making that produces legal effects or
17   similarly significant effects concerning Washingtonians.


18       NEW SECTION.      Sec. 2.   The definitions in this section apply
19   throughout  this      chapter unless  the   context  clearly  requires
20   otherwise.
                                        p. 1                              HB 2644
 1       (1)   "Artificial   intelligence-enabled    profiling"   means   the
 2   automated or semiautomated process by which the external or internal
 3   characteristics of an individual are analyzed to determine, infer, or
 4   categorize an individual's state of mind, character, propensities,
 5   protected class status, political affiliation, religious beliefs or
 6   religious affiliation, immigration status, or employability.
 7       (2) "Artificial intelligence-enabled profiling technology" means
 8   any computer software or application that performs artificial
 9   intelligence-enabled profiling.
10       (3) "Consumer" means a natural person residing in Washington.
11       (4) "Person" means one or more individuals, partnerships,
12   associations,   organizations,    corporations,    cooperatives,   legal
13   representatives, trustees and receivers, or any group of persons.
14   "Person" includes any owner, lessee, proprietor, manager, agent, or
15   employee, whether one or more natural persons. "Person" also includes
16   any   political  subdivision   of   the   state   and   any  agency   or
17   instrumentality of the state or of any political or civil subdivision
18   thereof.


19       NEW SECTION. Sec. 3. (1) A person may not operate, install, or
20   commission the operation or installation of equipment incorporating
21   artificial intelligence-enabled profiling in any place of public
22   resort, accommodation, assemblage, or amusement, as defined in RCW
23   49.60.040.
24       (2) A person may not use artificial intelligence-enabled
25   profiling to make decisions that produce legal effects or similarly
26   significant effects concerning consumers. Decisions that include
27   legal effects or similarly significant effects concerning consumers
28   include, without limitation, denial or degradation of consequential
29   services or support, such as financial or lending services, housing,
30   insurance, educational enrollment, criminal justice, employment
31   opportunities, health care services, and access to basic necessities,
32   such as food and water.

33       NEW SECTION.    Sec. 4.    (1) The legislature finds that the
34   practices covered by this chapter are matters vitally affecting the
35   public interest for the purpose of applying the consumer protection
36   act, chapter 19.86 RCW. A violation of this chapter is not reasonable
37   in relation to the development and preservation of business and is an
38   unfair or deceptive act in trade or commerce and an unfair method of
                                      p. 2                           HB 2644
 1   competition for the purpose of applying the consumer protection act,
 2   chapter 19.86 RCW.
 3       (2) Any consumer aggrieved by a violation of this chapter has a
 4   right of action in any court of competent jurisdiction against the
 5   offending party.
 6       (3) A plaintiff prevailing in an action under this chapter may
 7   recover:
 8       (a) Actual damages, but not less than statutory damages of one
 9   thousand dollars for each violation, against an entity that
10   negligently violates a provision of this chapter;
11       (b) Actual damages, but not less than statutory damages of five
12   thousand dollars for each violation, against an entity that
13   intentionally or recklessly violates a provision of this chapter;
14       (c) Reasonable attorneys' fees and costs, including expert
15   witness fees and other litigation expenses; and
16       (d) Other relief, including an injunction, as the court may deem
17   appropriate.


18       NEW SECTION.   Sec. 5.   This act may be known and cited as the
19   artificial intelligence profiling act.


20       NEW SECTION.     Sec. 6.    Sections 1   through   5   of   this   act
21   constitute a new chapter in Title 19 RCW.

                                 --- END ---




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