Colorado

• Allows an individual depicted in an intimate digital depiction to sue the individual who disclosed or threatened to disclose the picture if they acted with knowledge or disregard for whether the depicted individual: did not consent to the disclosure; would experience serve emotional distress; and was identifiable.
• Expands the scope of Colorado’s intimate image harassment statute to include intimate digital depictions.

• For intimate digital depictions – the greater of actual damages or liquidated damages of $150,000, plus an amount equal to the monetary gain, exemplary damages, and the cost of the action; as well as equitable relief.
• For intimate image harassment – existing criminal penalties apply.

• Requires developers and deployers of high-risk AI systems to use reasonable care to protect consumers from algorithmic discrimination
• Requires developers to address internal documentation requirements relating to model characteristics and risk management measures, as well as transparency obligations owed primarily to deployers
• Requires deployers to implement an appropriate risk management program, conduct comprehensive impact assessments, and address transparency obligations owed primarily to consumers
• Requires deployers to disclose certain information to the consumer and provide them a right to correct their information and/or appeal if the use of a high-risk AI system results in an adverse decision for a consumer
• Requires all AI systems intended to interact with consumers to be accompanied by a disclosure that the consumer is interacting with an AI system

Up to $20,000 per violation

Colorado AI Act: 5 Things You Should Know

• Provides consumers the right to opt-out of any form of automated processing of personal data to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements in furtherance of solely-automated decisions that produce legal or similarly significant effects concerning the consumer (i.e., the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, healthcare services, or access to essential goods and services).
• Requires a data protection assessment of each processing activity involving such automated processing of personal data in certain circumstances.
• Other obligations and restrictions may apply depending on the type of data processed. 

Up to $20,000 per violation

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• Prohibits the distribution of AI-generated deepfakes of election candidates
• Provides a safe harbor from liability where the person provides a clear and conspicuous disclaimer that the media has been edited and depicts speech or conduct that falsely appears to be authentic or truthful

• At least $100 per violation and 10% of the amount spent on the communication

N/A

• Prohibits insurance providers from using algorithms or predictive models that unfairly discriminate based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression
• Requires the Colorado Commissioner of Insurance to adopt rules requiring insurers to demonstrate that their use of algorithms and predictive models do not result in unfair discrimination

• Up to $3,000 per violation, or $30,000 per knowing violation

N/A