The proposed bill, titled "An Act to ensure non-discrimination by improving algorithmic systems," aims to address algorithmic discrimination in the Commonwealth of Massachusetts. It introduces a new chapter, Chapter 151G, which defines key terms related to automated decision systems and outlines the responsibilities of covered entities that utilize such systems in decision-making processes related to fundamental opportunities, including employment, education, housing, healthcare, and more. The bill prohibits covered entities from using automated decision systems in a manner that discriminates against individuals based on protected characteristics, while allowing for the use of personal information in compliance with affirmative action plans and for self-testing to prevent discrimination.
Additionally, the bill mandates that covered entities conduct regular audits of their automated decision systems, maintain documentation of their processes, provide clear notice to individuals when these systems are used, and allow individuals to opt out of such systems without penalty. Liability for violations is established, holding covered entities accountable regardless of whether the discrimination was intentional or due to reliance on service providers. The bill also provides for enforcement mechanisms, allowing aggrieved individuals to seek damages and equitable relief in court. Sections 4 and 5 of the Act are set to take effect six months after enactment.