Prohibits non-governmental entities from designing or employing AI, or handling personal data, in a way that will: (1) Cause physical, psychological, economic, relational, or repetitional injuries to a person; (2) Discriminate on the basis of standard protected classes, including race and nationality; or (3) Discriminate in the granting of access to important services and opportunities, including employment, credit, and education. Exempts private groups not open to the public from the requirements outlined above.
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Sec. 2412 of 2023 Consumer Protection Act
ETO AGORA · U.S. federal laws · 2023
Summary
Prohibits non-governmental entities from designing or employing AI, or handling personal data, in a way that will:
(1) Cause physical, psychological, economic, relational, or repetitional injuries to a person;
(2) Discriminate on the basis of standard protected classes, including race and nationality; or
(3) Discriminate in the granting of access to important services and opportunities, including employment, credit, and education.
Exempts private groups not open to the public from the requirements outlined above.
Prohibits covered entities from causing injuries, offensive psychological harm, or discrimination through data use or algorithms.
SEC. 2412. Duty of care.
“(a) In general.—A covered entity may not design or employ services or algorithms, or process, collect, store, or transfer personal data, in a manner that causes or is likely to cause any of the following:
“(1) Physical, economic, relational, or reputational injury to a person.
“(2) Psychological injuries that would be highly offensive to a reasonable person.
“(3) Discrimination on the basis of a person’s or class of persons’ actual or perceived race, color, ethnicity, sex (including sexual orientation, gender identity, and sex characteristics), religion, national origin, familial status, biometric information, or disability status.
“(4) Discrimination regarding a decision that produces a legal effect or similarly significant effect concerning a person.
Defines "decision" to include denial of significant services and support, with exceptions for specific purposes.
“(b) Definition.—For purposes of subsection (a)(4), the term ‘decision that produces a legal effect or similarly significant effect concerning a person’ includes denial or degradation of consequential services or support, such as financial or lending services, housing, insurance, educational enrollment, criminal justice, employment opportunities, health care services, and access to basic necessities, such as food and water.
“(c) Exceptions.—Subsection (a) shall not apply to—
“(1) the design or employment of services or algorithms, or the processing, collecting, storing, or transferring of personal data, for the purpose of—
“(A) a covered entity’s self-testing to prevent or mitigate unlawful discrimination;
“(B) diversifying an applicant, participant, or customer pool; or
“(C) providing resources for the prevention of harm, consistent with evidence-based medical information; or
“(2) any private club or group not open to the public, as described in section 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).