§ 3.5-804
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§3.5–804.
(a)On or before December 1, 2024, the Department, in consultation with the Governor’s Artificial Intelligence Subcabinet, shall adopt policies and procedures concerning the development, procurement, deployment, use, and ongoing assessment of systems that employ high–risk artificial intelligence by a unit of State government.
(b)The policies and procedures required by subsection
(a)of this section shall:
(1)subject to any other applicable law, govern the procurement, deployment, and ongoing assessment of systems that employ high–risk artificial intelligence by a unit of State government;
(2)define the criteria for an inventory of systems that employ high–risk artificial intelligence;
(3)be sufficient to ensure that the use of any system that employs artificial intelligence by a unit of State government is governed by adequate guardrails to protect individuals and communities;
(4)if the Department is notified that an individual or group of individuals may have been negatively impacted by a system that employs high–risk artificial intelligence, require the Department to:
(i)notify an individual or a group of individuals determined to have been negatively impacted; and
(ii)provide guidance to an individual or a group of individuals determined to have been negatively impacted on available options to opt out of the system; and
(5)provide guidance to units of State government on procurement of a system that employs high–risk artificial intelligence that ensures data privacy and compliance with applicable statutes and regulations.
(c)The Department shall make the policies and procedures required by subsection
(a)of this section publicly available on its website within 45 days after the policies and procedures are adopted.