United States of America: Introduced Automated Decision Tools Act (HB 5116) including non-discrimination requirement

On 8 February 2024, the Automated Decision Tools Act (HB 5116) was introduced to the Illinois General Assembly. The Act requires deployers of automated decision tools to establish, document, implement, and maintain a governance program that contains reasonable administrative and technical safeguards to manage the risks of algorithmic discrimination. The governance program should be designed to identify and implement safeguards, conduct an annual and comprehensive review of policies, practices, and procedures, maintain the results of an impact assessment for two years, and evaluate and adjust safeguards in light of changes in technology, risks, technical standards, and business operations. The Act also mandates deployers to make publicly available a clear policy that provides a summary of the types of automated decision tools in use and how the deployer manages the risks of algorithmic discrimination.