On January 3, 2024, Assembly Bill A08129 enacting the New York artificial intelligence (AI) bill of rights (A08129) was referred to the Science and Technology Committee. This is a companion bill to Senate Bill 8209.

What is the scope of A08129?

In particular, A08129 would apply to New York residents against persons developing automated systems that have the potential to meaningfully impact New York residents':

• civil rights, civil liberties, and privacy;
• equal opportunities; or
• access to critical resources or services.

A08129 defines 'automated system' as any system, software, or process that affects New York residents and that uses computation as a whole or part of a system to determine outcomes, make or aid decisions, inform policy implementation, collect data or observations, or otherwise interact with New York residents or communities.

What are the main provisions of A08129?

A08129 would introduce a list of rights and protections for New York residents affected by automated systems, such as:

• protection against algorithmic discrimination;
• the right to safe and effective systems;
• protection from abusive data practices via built-in protections and the right to maintain agency over the use of their personal data; and
• the right to opt out of automated systems, where, appropriate, in favor of a human alternative.  

Finally, A08129 would provide for penalties in cases of non-compliance of not less than three times the damages caused.

You can read A08129 and track its progress here.