Colorado

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State/TerrAI ScopeRelevant LawLaw LinkEffective DateKey RequirementsEnforcements & Penalties
ColoradoAutomated Decision-MakingColorado AI Act

As amended by SB26-189
Co. Rev. Stat. § 6-1-1701 et seq.1/1/2027
• Governs "covered automated decision-making technology" or "covered ADMT", which is defined to mean a technology that processes personal data and uses computation to generate output that is used to make, guide, or assist a decision, judgment or determination concerning an individual ("automated decision-making technology") that is used to materially influence a "consequential decision" (or a decision, determination, or action about a consumer that relates to the provision of or access to (or different terms relating to) an education enrollment or an education opportunity, employment or an employment opportunity that creates an employer-employee relationship, the lease or purchase of residential real estate, a financial or lending service, insurance (and its benefits), health-care services, or essential government services and public benefits). 
• Requires developers of covered ADMT to make available to each deployer information relating to the intended uses and known harmful / inappropriate uses of the covered ADMT, the data used to train the covered ADMT, any known limitations of the covered ADMT, and the appropriate use, monitoring, and meaningful human review of the covered ADMT--as well as notice of material updates. 
• Requires deployers to disclose to the consumer prior to the use of a covered ADMT to materially influence a consequential decision that such a tool is being used.
• Requires deployers that use a covered ADMT to materially influence a consequential decision that results in an adverse outcome for a consumer to provide an adverse outcome notice that describes the consequential decision and the role the covered ADMT played in the consequential decision, provides instructions and a process for obtaining additional information about the covered ADMT and its inputs, and an explanation of the consumers' rights to access and correct personal data use by the covered ADMT and to request the deployer to reconsider the consequential decision using meaningful human review (to the extent commercially reasonable).
• Clarifies that a developer or deployer may be held liable in an action alleging unlawful discrimination under state anti-discrimination laws arising from a consequential decision materially influenced by a covered ADMT. 


Up to $20,000 per violation.
ColoradoAI in Political AdvertisingColorado Candidate Election Deepfake Disclosures LawCo. Rev. Stat. 1-45-111.5 to 111.7 and 1-46-101 to 106

Reprinted from Westlaw with the permission of Thomson Reuters.
7/1/2024
• 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.
ColoradoAutomated Decision-MakingColorado Privacy ActCol. Rev. Stat. § 6-1-1301 et seq.

Reprinted from Westlaw with the permission of Thomson Reuters.
7/1/2023
• 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.
ColoradoAI in InsuranceColorado Protecting Consumers from Unfair Discrimination in Insurance PracticesCo. Rev. Stat. 10-3-1104.9

Reprinted from Westlaw with the permission of Thomson Reuters.
7/6/2021
• 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.
ColoradoAI CSAMPreventing Unauthorized Disclosure of Intimate Digital Depictions ActSB 2888/6/2025
• Expands child sexually exploitative material to include a realistic visual depiction, which has been created, altered, or produced by digitization or computer-generated means, that depicts an identifiable child, in whole or in part, engaged in, participating in, observing, or being used for explicit sexual conduct.
Plaintiffs may bring civil actions to obtain relief, and a court may order a temporary restraining order, injunctive relief, and order the defendants to cease disclosure.
ColoradoAI Intimate ImagesPreventing Unauthorized Disclosure of Intimate Digital Depictions ActSB 2888/6/2025
• 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.

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