CIPL Response to the Colorado Department of Law Pre-Rulemaking Request for Comments under the Automated Decision-Making Technology Act

In this response, CIPL commends the Colorado Department of Law’s effort to promote consumer rights, clarify ambiguities, and facilitate efficient, interoperable compliance while supporting beneficial innovation. The Automated Decision-Making Technology Act (ADMT Act) and the related rulemaking represent significant steps toward strengthening privacy protections for Colorado residents while signaling the state’s efforts to shape a modern, risk-focused data governance framework.

CIPL acknowledges that the irresponsible use and application of automated decision-making technology (ADMT) can directly result in unfair discrimination, financial loss, reputational damage, and other legal and societal consequences for individuals. At the same time, ADMT facilitates great benefits for individuals, society, and businesses as digital services take on a more central role in both public and private sectors, including healthcare, education, banking, insurance and marketing. Thus, by implementing ADMT responsibly, organizations can ensure effective and appropriate protection for individuals while enabling society, individuals and businesses to reap the benefits of machine learning and other relevant technologies. Overregulating low-risk automated processing can also inadvertently cancel out the benefits of deploying ADMT and hinder innovation in Colorado by overburdening regulated organizations with compliance requirements that do not meaningfully protect consumers.

Key recommendations include:

• Align ADMT Act and related rulemaking terminology with existing Colorado law in the Colorado Privacy Act (CPA) and the CPA Rules.
• Clarify “materially influence” to mean “Solely Automated Processing” or “Human Reviewed Automated Processing”, as defined in the CPA Rules.
• Clarify ambiguities related to consumer rights to promote effective compliance.

Download Our Response Here

Download Now