On November 27, 2023, the California Privacy Protection Agency (Agency) published draft automated decisionmaking technology regulations as well as revised draft risk assessment regulations. The draft regulations were released in connection with the Agency’s December 8 board meeting. Importantly, the draft regulations are only intended to facilitate Board discussion and public participation. The Agency has not yet started formal rulemaking.
This article focuses on how the two draft regulations address automated decisionmaking technology (ADMT). The risk assessment regulations contain additional provisions that are not addressed herein. In addition, given that these are only draft regulations, this article only provides a high-level summary and some takeaways. It does not provide an exhaustive analysis of the draft regulations.
