* § 401. Definitions. For the purpose of this article:\n 1. "Automated decision-making system" shall mean any software that\nuses algorithms, computational models, or artificial intelligence\ntechniques, or a combination thereof, to automate, support, or replace\nhuman decision-making and shall include, without limitation, systems\nthat process data, and apply predefined rules or machine learning\nalgorithms to analyze such data, and generate conclusions,\nrecommendations, outcomes, assumptions, projections, or predictions\nwithout meaningful human discretion. "Automated decision-making system"\nshall not include any software used primarily for basic computerized\nprocesses, such as calculators, spellcheck tools, autocorrect functions,\nspreadsheets, electronic communications, or any tool that relates only\nto internal management affairs such as ordering office supplies or\nprocessing payments, and that do not materially affect the rights,\nliberties, benefits, safety or welfare of any individual within the\nstate.\n 2. "Meaningful human review" means review, oversight and control of\nthe automated decision-making process by one or more individuals who\nunderstand the risks, limitations, and functionality of, and are trained\nto use, the automated decision-making system and who have the authority\nto intervene or alter the decision under review, including but not\nlimited to the ability to approve, deny, or modify any decision\nrecommended or made by the automated system.\n 3. "State agency" shall mean any department, public authority, board,\nbureau, commission, division, office, council, committee or officer of\nthe state. Such terms shall not include the legislature or judiciary.\n 4. "Public assistance benefit" shall mean any service or program\nwithin the control of the state, or benefit provided by the state to\nindividuals or households, including but not limited to public\nassistance, cash assistance, grants, child care assistance, housing\nassistance, unemployment benefits, transportation benefits, education\nassistance, domestic violence services, and any other assistance or\nbenefit within the authority of the state to grant to individuals within\nthe state. This shall not include any federal program that is\nadministered by the federal government or the state.\n * NB Effective December 21, 2025\n
§ 401. Definitions. For the purpose of this article:\n 1. "Automated employment decision-making tool" shall mean any software\nthat uses algorithms, computational models, or artificial intelligence\ntechniques, or a combination thereof, to materially automate or replace\nhuman decision-making regarding employment, including but not limited to\nwages and other compensation, hiring, selection for recruitment,\ndiscipline, promotion, and termination. "Automated employment\ndecision-making tool" shall not include any software used primarily for\nbasic computerized processes, such as calculators, spellcheck tools,\nautocorrect functions, spreadsheets, electronic communications, or any\ntool that relates only to internal management affairs such as ordering\noffice supplies or processing payments, and that do not materially\naffect the rights, liberties, benefits, safety or welfare of any\nindividual within the state.\n 2. "State agency" shall mean any department, public authority, board,\nbureau, commission, division, office, council, committee or officer of\nthe state. Such terms shall not include the legislature or judiciary.\n * 3. "Covered entity" shall mean any county, city, town, village,\nschool district, board of cooperative educational services, county\nvocational education and extension board, district corporation, the\nstate university of New York, the city university of New York, or\ncommunity college.\n * NB Repealed July 1, 2028\n
