United States of America: Published Revised CPPA Draft Automated Decisionmaking Technology Regulations

On 23 February 2024, the California Privacy Protection Agency (CPPA) published a Revised draft of the Automated Decisionmaking Technology Regulations. The Regulations would implement the California Consumer Privacy Act's (CCPA) consumer rights for businesses using automated decision making technologies (ADMT). ADMTs are defined as systems, software, or processes, processing personal information and using computation to make or execute a decision or facilitate human decisionmaking. Consumers will have the right to opt out of the business's use of ADMT, and to access information about the business's use of ADMT. Consumers further must be informed about their rights (pre-use notice). The Revised Draft was expanded in comparison to a previous version, for example differentiating between types of automated decision-making and adding requirements for the pre-use notice. The Revised Draft is provisional, intended to facilitate public and board discussion, and therefore subject to further change.