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Privacy & Data

Comments on California Privacy Protection Agency’s Proposed Rules on Automated Decision-making

Recently, the California Privacy Protection Agency issued a Notice of Proposed Rulemaking to advance updated regulations required under the California Consumer Privacy Act (CCPA). CDT submitted comments to the Agency focusing on the proposed requirements for businesses’ use of automated decision-making technologies (ADMTs) and the risk assessments that must be performed for these systems. In particular, our comments recommend:

  • Improving the definition of “automated decision-making technology” so that businesses that rely significantly on automated systems to make their decisions cannot avoid compliance with the rules
  • Ensuring that risk assessments include enough information to determine whether an ADMT’s risks to consumers outweigh the benefits
  • Strengthening the requirements for businesses to provide notice to consumers before and after using an ADMT, and to make sure consumers can exercise their rights to access and appeal ADMTs

Read the full comments.