Technical

Automated Decision System

A computational system (often using AI/ML) that issues scores, recommendations or decisions that assist or replace human decision-making and can materially affect people.

How the laws define this

Regulators uniformly view an automated decision system as a computational, algorithmic, or machine-based technology that either makes a decision automatically or assists, informs, and supports human decision-making by producing outputs such as predictions, recommendations, classifications, or scores. A critical divergence lies in whether the concept is restricted to government functions or covers broader consumer and general contexts. Frameworks like the Algorithmic Impact Assessment (AIA) tool (Treasury Board of Canada Secretariat), Connecticut AI Impact Assessment Requirements, Texas HB 2060 - Artificial Intelligence Advisory Council, and Resolución 161/2023 restrict their scope to governmental decisions, state agency operations, or public-sector AI use. Conversely, instruments such as the Consumer Privacy Protection Act (CPPA), H.R.5388 - American Artificial Intelligence Leadership and Uniformity Act, and both the House version (H.R. 5628) and Senate version (S. 2892) of the Algorithmic Accountability Act apply the term more broadly to systems affecting consumers, processes, or entities.

Synthesised from the 8 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
Connecticut, United StatesConnecticut AI Impact Assessment RequirementsIn ForceLimits to machine-based systems or applications used within operations of state agencies to make, inform, or materially support critical decisions.
California, United StatesCalifornia SB 947 — Employment: Automated Decision SystemsAwaiting EntrySpecifies computational processes used to support or replace discretionary workplace decisions.
ArgentinaResolution 161/2023 – Program for Transparency and Protection of Personal Data in the Use of Artificial Intelligence (Agency for Access to Public Information)In ForceRequires decisions to produce legal or similarly significant effects on individuals, including models that recommend or automate determinations affecting rights or entitlements.
CanadaAlgorithmic Impact Assessment (AIA) tool (Treasury Board of Canada Secretariat)In Force (Amended)Explicitly includes rule-based systems, natural language processing, and generative AI used by federal institutions.
Texas, United StatesTexas HB 2060 - Artificial Intelligence Advisory CouncilRepealedLimits to algorithms used to make or support governmental decisions, judgments, or conclusions.
United StatesH.R.5388 - American Artificial Intelligence Leadership and Uniformity ActUnder ReviewSpecifies outputs as a score, classification, or recommendation intended to influence or replace a human decision.
CanadaConsumer Privacy Protection Act (CPPA) (proposed, part of Bill C-27)Under ReviewAttaches obligations to systems producing predictions, recommendations or decisions, with targeted definitions for higher-impact systems.
United StatesAlgorithmic Accountability Act (H.R. 5628, House version)WithdrawnExcludes passive infrastructure and covers systems whose computational result serves as the basis for decisions.
United StatesAlgorithmic Accountability Act (S. 2892, Senate version)WithdrawnEmphasizes computation-based systems including models, algorithms, or pipelines that process data to produce decision-informing outputs, excluding passive infrastructure.
California, United StatesCalifornia AB 2575 — Health Care Services: Artificial IntelligenceWithdrawnExcludes common security and productivity tools from computational processes issuing simplified outputs that materially impact natural persons.

What it triggers

  • In Connecticut, state agencies must conduct AI impact assessments, annual inventories, and transparent policies for such systems to prevent discrimination.source
  • Under Resolution 161/2023, public and private entities must map, document, and ensure transparency for such systems.source
  • The Algorithmic Impact Assessment tool sets out a process for Canadian federal departments to evaluate risks of such systems.source

Definitions (10)

A system that makes or assists in making decisions that produce legal or similarly significant effects on individuals; includes algorithmic or statistical models used to reach, recommend, or automate determinations affecting rights or entitlements. The annex frames this concept for mapping, documentation and transparency obligations within public-sector AI use.

Any technology used to make or support administrative decisions, including rule-based systems, machine learning, natural language processing and generative AI; the term covers systems used by federal institutions to make or inform decisions that affect individuals or entities.

A system that produces predictions, recommendations or decisions using automated processes, including algorithms and models; the CPPA attaches transparency and explanation obligations, record‑keeping and risk considerations to such systems, and the bill includes targeted definitions for higher‑impact automated systems in the AI Act portion of the package.

Any system, software, or process—excluding passive infrastructure—whose computational result serves as the basis for decisions; encompasses models, algorithms, and automated workflows used to inform or make decisions that affect individuals or processes.

Any computation-based system (including models, algorithms, or pipelines) used as a basis for a decision, excluding passive infrastructure; it processes data to produce outputs that inform or determine decisions affecting consumers. The Act uses this term to describe the technical objects subject to assessment and reporting obligations.

Any machine-based system or application used to make, inform, or materially support a critical decision within the operations of state agencies.

An automated decision system is an algorithm, potentially incorporating machine learning or other artificial intelligence techniques, that uses data-based analytics to make or support governmental decisions, judgments, or conclusions. These systems are crucial for streamlining administrative processes but require careful oversight to ensure fairness.

An 'automated decision system' is defined as any computational process that produces a score, classification, or recommendation intended to influence or replace a human decision.

A computational process using machine learning, statistical modeling, data analytics, or AI to produce outputs that materially affect people. In this law, it covers systems used to support or replace discretionary workplace decisions.

A computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified outputs such as a score, classification, or recommendation used to assist or replace human discretionary decisionmaking and that materially impacts natural persons. The definition excluded common security and productivity tools.

Not to be confused with

Automated decision-making

Automated decision-making refers to fully automated actions without human review, while automated decision system includes systems that assist or inform human decisions.

AI System

AI system is a broader machine-based system that infers outputs from inputs, whereas automated decision system specifically assists or replaces decision-making with material effects on people.

Questions and answers

What obligations apply to automated decision systems in Connecticut state agencies?

Connecticut's Public Act 23-16 mandates AI impact assessments, annual inventories, and transparent policies for state agencies deploying such systems to prevent discrimination and ensure ethical AI use.

Does California's SB 947 regulate automated decision systems in workplaces?

California SB 947 would regulate workplace automated decision systems by adding notice, human review, and enforcement rights.

What risks must Canadian federal institutions assess for automated decision systems?

The Algorithmic Impact Assessment tool describes risks for Canadian federal departments to evaluate in automated decision systems used to make or support administrative decisions.