Governance

Augmented critical decision process

Process using an automated decision system for critical decisions.

How the laws define this

Both the Algorithmic Accountability Act (H.R. 5628, House version) and the Algorithmic Accountability Act (S. 2892, Senate version) agree that the concept centers on automated decision systems involved in making critical decisions with legal, material, or similarly significant effects, serving to establish which entities trigger statutory oversight. The primary divergence lies in whether the term defines the overarching workflow or the technology itself, as well as who is impacted. The Algorithmic Accountability Act (H.R. 5628, House version) classifies it as a decision-making process that uses a system to make or materially inform choices affecting individuals, defining the scope for assessment and reporting requirements. Conversely, the Algorithmic Accountability Act (S. 2892, Senate version) defines it directly as the automated decision system itself that participates in, augments, or directly contributes to decisions affecting consumers, identifying systems triggering heightened compliance requirements.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

Definitions (2)

A decision-making process that uses an automated decision system to make or materially inform a 'critical decision' that has legal, material, or similarly significant effects on individuals; this concept defines the scope of systems subject to the Act's assessment and reporting requirements.

An automated decision system that participates in or augments the making of a 'critical decision'—i.e., it directly contributes to decisions with legal, material, or similarly significant effects on consumers. This concept identifies systems that trigger the Act's heightened compliance requirements.