Technical

Automated decision system (ADS)

Any system used to make, assist, or inform administrative decisions.

How the laws define this

Both instruments establish that automated decision systems use technology, including machine learning or artificial intelligence, to make, assist, or support decisions. They agree that the concept covers tools that inform human decisions rather than solely fully automated ones. The primary divergence lies in technical scope and regulatory framing. The Directive on Automated Decision-Making (Treasury Board of Canada Secretariat) broadly includes any system, explicitly encompassing rule-based systems or other technologies for administrative decisions, while treating the system as a regulated object subject to assessment, mitigation, monitoring, and disclosure. In contrast, Texas HB 2060 - AI in Public Services narrows its focus to algorithms incorporating machine learning or artificial intelligence that rely on data-based analytics to make or support governmental decisions, judgments, or conclusions.

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

What it triggers

  • In Canada, under the Directive on Automated Decision-Making (Treasury Board of Canada Secretariat), federal institutions using ADSs are to conduct Algorithmic Impact Assessments and provide human oversight.source
  • Under Texas HB 2060 - AI in Public Services, an ADS uses data-based analytics to make or support governmental decisions, judgments, or conclusions.

Definitions (2)

An Automated Decision System (ADS) is any system—including AI/ML, rule‑based systems, or other technologies—used to make, assist, or inform an administrative decision. The Directive treats ADSs as the regulated object for assessment, mitigation, monitoring, and disclosure requirements.

An algorithm, including an algorithm incorporating machine learning or other artificial intelligence techniques, that uses data-based analytics to make or support governmental decisions, judgments, or conclusions.

Not to be confused with

Automated decision-making system

Automated decision-making system refers to systems that process data to make predictions, recommendations, or decisions, while ADS specifically includes systems used to make, assist, or inform administrative decisions.

Automated decision tool

Automated decision tool is a system that makes or significantly influences consequential decisions, whereas ADS encompasses any system used to make, assist, or inform administrative decisions.

Questions and answers

Does ADS include non-AI systems?

Yes, under the Directive on Automated Decision-Making, an ADS includes AI/ML, rule-based systems, or other technologies used to make, assist, or inform an administrative decision.

What is an ADS in Texas HB 2060?

An ADS is an algorithm, including one incorporating machine learning or other AI techniques, that uses data-based analytics to make or support governmental decisions, judgments, or conclusions.