N.Y. State Technology Law § 402

* § 402. Use of automated decision-making systems by agencies. 1. No\nstate agency, or any entity acting on behalf of such agency, which\nutilizes or applies any automated decision-making system, directly or\nindirectly, in performing any function that: (a) is related to the\ndelivery of any public assistance benefit; (b) will have a material\nimpact on the rights, civil liberties, safety or welfare of any\nindividual within the state; or (c) affects any statutorily or\nconstitutionally provided right of an individual, shall utilize such\nautomated decision-making system, unless such automated decision-making\nsystem is subject to continued and operational meaningful human review.\n 2. No state agency shall authorize any procurement, purchase or\nacquisition of any service or system utilizing, or relying on, automated\ndecision-making systems in performing any function that is: (a) related\nto the delivery of any public assistance benefit; (b) will have a\nmaterial impact on the rights, civil liberties, safety or welfare of any\nindividual within the state; or (c) affects any statutorily or\nconstitutionally provided right of an individual unless such automated\ndecision-making system is subject to continued and operational\nmeaningful human review.\n 3. The use of an automated decision-making system shall not affect (a)\nthe existing rights of employees pursuant to an existing collective\nbargaining agreement, or (b) the existing representational relationships\namong employee organizations or the bargaining relationships between the\nemployer and an employee organization. The use of an automated\ndecision-making system shall not result in the: (1) discharge,\ndisplacement or loss of position, including partial displacement such as\na reduction in the hours of non-overtime work, wages, or employment\nbenefits, or result in the impairment of existing collective bargaining\nagreements; (2) transfer of existing duties and functions currently\nperformed by employees of the state or any agency or public authority\nthereof to an automated decision-making system; or (3) transfer of\nfuture duties and functions ordinarily performed by employees of the\nstate or any agency or public authority. The use of an automated\ndecision-making system shall not alter the rights or benefits, and\nprivileges, including but not limited to terms and conditions of\nemployment, civil service status, and collective bargaining unit\nmembership status of all existing employees of the state or any agency\nor public authority thereof shall be preserved and protected.\n * NB Effective December 21, 2025\n