Policy Tracker

Automated decision systems.

CA · Legislation · 2025 · AB1018

Legislation
Engrossed

Record updated Aug 30, 2026

Summary

An act to add Chapter 24.6 (commencing with Section 22756) to Division 8 of the Business and Professions Code, to add Section 51.1.1 to the Civil Code, and to add Article 3 (commencing with Section 12959) to Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, relating to artificial intelligence.

Timeline

2026-08-30

S

Read second time. Ordered to third reading.

2026-08-28

S

Read third time and amended. Ordered to second reading.

2026-08-24

S

Read second time. Ordered to third reading.

2026-08-21

S

From inactive file.

2026-08-21

S

Ordered to second reading.

2026-08-21

S

Read second time and amended. Ordered returned to second reading.

2025-09-13

S

Ordered to inactive file at the request of Senator Wiener.

2025-09-08

S

Read second time. Ordered to third reading.

Bill Text

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Amended  IN  Senate  August 28, 2026
Amended  IN  Senate  August 21, 2026
Amended  IN  Senate  September 05, 2025
Amended  IN  Senate  July 17, 2025
Amended  IN  Senate  July 03, 2025
Amended  IN  Assembly  May 01, 2025
Amended  IN  Assembly  April 10, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 1018


Introduced by Assembly Member Bauer-Kahan
(Coauthors: Assembly Members Aguiar-Curry, Bryan, Ortega, and Ward)
(Coauthor: Senator Padilla)

February 20, 2025


An act to add Chapter 24.6 (commencing with Section 22756) to Division 8 of the Business and Professions Code, to add Section 51.1.1 to the Civil Code, and to add Article 3 (commencing with Section 12959) to Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, relating to artificial intelligence.


LEGISLATIVE COUNSEL'S DIGEST


AB 1018, as amended, Bauer-Kahan. Automated decision systems.
The California Fair Employment and Housing Act establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and requires the department to, among other things, bring civil actions to enforce the act.
Existing law requires, on or before September 1, 2024, the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency.
This bill would generally regulate the development and deployment of an automated decision system (ADS) used to make consequential decisions, as defined. The bill would define “automated decision system” to mean a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons.
This bill would require a developer of a covered ADS, as defined, to take certain actions, including providing a potential deployer instructions explaining how the covered ADS should be used by the deployer to make or facilitate a consequential decision.
This bill would require a deployer of a covered ADS to take certain actions, including provide certain disclosures to a subject of a consequential decision made or facilitated by the covered ADS that results in an adverse outcome, as defined, and provide the subject with an opportunity to appeal the outcome of the consequential decision, as prescribed.
This bill would authorize certain public entities, including the Attorney General, General to bring a specified civil action for noncompliance.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 24.6 (commencing with Section 22756) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  24.6. Automated Decisions Safety Act

22756.
 As used in this chapter:
(a) “Adverse outcome” means either of the following:
(1) A decision that denies, terminates, revokes, or materially reduces or restricts a natural person’s access to, eligibility for, selection for, compensation for, or the provision of an opportunity or service.
(2) A decision that results in materially less favorable differentiated price, cost, compensation, or other material terms that are reasonably likely to materially limit, delay, or effectively deny, or otherwise fundamentally alter, a natural person’s access to, eligibility for, selection for, compensation for, or the provision of an opportunity or service compared to terms offered to similarly situated natural persons. If a decision outcome imposes materially less favorable differentiated pricing or terms, the decision outcome materially impacts price, cost sharing, compensation, or material terms.
(b) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(c) (1) “Automated decision system” means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is designed or used to assist or replace human discretionary decisionmaking and materially impacts natural persons.
(2) “Automated decision system” does not include a spam email filter, firewall, antivirus software, identity verification or access management tool, calculator, database, dataset, spreadsheet, document validation or authenticity tool, or other compilation of data or information.
(d) “Consequential decision” means a decision that materially impacts the cost, terms, quality, or accessibility of any of the following to a natural person: decision, determination, or action made about a natural person that relates to the provision of or a natural person’s access to, eligibility for, selection for, or compensation for any of the following:
(1) Employment-related decisions.
(2) Education and vocational training as they relate to any of the following:
(A) Assessment and placement.
(B) Accreditation.
(C) Certification.
(D) Admissions and enrollment.
(E) Discipline.
(F) Financial aid and scholarships.
(3) Housing and lodging as they relate to any of the following:
(A) Rental or short-term housing and lodging.
(B) Home appraisals.
(C) Rental subsidies.
(D) Publicly supported housing.
(4) Health care and health insurance, including mental health care, dental, and vision.
(5) Financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor.
(6) Access to government benefits or services.
(7) Insurance.
(e) (1) “Covered ADS” means an automated decision system that is designed for, or used by, a deployer to profile a natural person in order for the deployer to make or facilitate a consequential decision.
(2) “Covered ADS” does not mean a GenAI system that is not intended or advertised to be used by a deployer to profile a natural person in order to make or facilitate a consequential decision.
(f) “Credit score” means a credit score, as defined in Section 1785.15.1 of the Civil Code, from a consumer credit reporting agency, as defined in Section 1785.3 of the Civil Code.
(g) “Deployer” means a person, partnership, state or local government agency, corporation, or developer that uses a covered ADS to make or facilitate a consequential decision, either directly or by contracting with a third party for that purpose.
(h) “Developer” means a person, partnership, state or local government agency, corporation, or deployer that designs, codes, substantially modifies, or otherwise produces an automated decision system that makes or facilitates a consequential decision.
(i) (1) “Developer-approved use” means a deployment context in which a developer intends a covered ADS to make or facilitate a consequential decision.
(2) “Developer-approved use” includes any reasonably foreseeable fine-tuning of the covered ADS.
(j) “Disparate impact” means a differential effect on a group of individuals who share a protected characteristic.
(k) “Disparate treatment” means differential treatment of an individual or group of individuals on the basis of a protected characteristic.
(l) “Employment-related decision” means a decision made by an employer, either directly or through a third party, that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job tasks and responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, or other terms or conditions of employment.
(m) (1) “Express consent” means an affirmative written authorization that is granted in response to a notice that is both of the following:
(A) Clear, meaningful, and prominent.
(B) Conveyed in a manner that a natural person would notice and understand it.
(2) “Express consent” does not include an authorization that is any of the following:
(A) Inferred from inaction.
(B) Obtained through the use of a dark pattern, as defined in Section 56.18 of the Civil Code.
(C) Contained within a more general notice, agreement, or set of terms and conditions.
(n) “FERPA” means the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
(o) “Fine-tune” means to adjust the model parameters of an automated decision system through exposure to additional data.
(p) “GenAI system” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s training data.

(q)“Labor Commissioner” means Chief of the Division of Labor Standards Enforcement.

(r)

(q) “Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code.

(s)

(r) “Profile” means to use a covered ADS that does both of the following:
(1) Receives, as input data, the personal information of a subject of the consequential decision.
(2) Issues a simplified output, including a score, classification, or recommendation, in order to evaluate the subject or predict outcomes specific to the subject.

(t)

(s) “Protected characteristic” means a characteristic listed in subdivision (b) of Section 51 of the Civil Code.

(u)

(t) (1) “Substantial modification” means a new version, release, update, or other modification to a covered ADS that materially changes its uses or outputs.
(2) “Substantial modification” does not include a modification that results from fine-tuning.

(v)

(u) “Trade secret” has the same meaning as in Section 3426.1 of the Civil Code.

(w)

(v) The definitions of “disparate impact” and “disparate treatment” provided in subdivisions (i) and (j) are intended solely for purposes of internal compliance, risk assessment, and documentation required by this chapter. These definitions shall not be construed to modify or supersede any standard, burden of proof, or element of a claim under the Unruh Civil Rights Act (Section 51 of the Civil Code), the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et seq.), or any other applicable civil rights law.

22756.1.
 (a) A developer that sells, licenses, or otherwise transfers a covered ADS to a potential deployer shall provide the deployer with all of the following:
(1) For each developer-approved use of the covered ADS, instructions explaining how the covered ADS should be used by the deployer to make or facilitate a consequential decision.
(2) For each developer-approved use of the covered ADS, a description of whether and under what circumstances the covered ADS can be fine-tuned.
(3) Any technical information necessary for the deployer to comply with this chapter. chapter, including any changes to the information provided under paragraphs (1) and (2) if a substantial modification is made to the covered ADS.
(b) A developer that provides documentation to a deployer pursuant to this section shall ensure the documentation is all of the following:
(1) Transmitted directly to the deployer or otherwise made available in a manner reasonably calculated to ensure the deployer receives the documentation.
(2) Provided in English and in any other language the developer regularly uses to communicate with deployers.
(3) Presented in a manner that ensures the communication clearly and effectively conveys the required information to the deployer.
(c) A developer that deploys a covered ADS or makes a covered ADS available to potential deployers shall maintain both of the following documentation in an unredacted format for as long as the developer deploys the covered ADS or makes the covered ADS available to potential deployers plus five years:
(1) Any documentation provided to deployers pursuant to this chapter.
(2) Records of any redactions made pursuant to this chapter.
(d) This section does not apply to a developer subject to the federal Gramm-Leach-Bliley Act (15 U.S.C. Sec. 6801 et seq.) with respect to a covered ADS that is intended to make or facilitate a consequential decision related to financial services, as described in paragraph (7) of subdivision (c) of Section 22756.

22756.2.
 (a) (1) Except as provided in paragraph (2), before a deployer finalizes a consequential decision made or facilitated by a covered ADS used by the deployer, the deployer shall provide any subject of that decision with a plain language written disclosure containing all of the following information: clear and conspicuous notice to a subject that the deployer used, or will use, a covered ADS in a consequential decision affecting the subject and instructions regarding how the subject may obtain the following information:

(A)A statement informing the subject that a covered ADS will be used to make or facilitate the consequential decision.

(B)Whether the deployer’s use of the covered ADS is within the scope of a developer-approved use and a description of that use.

(C)

(A) The types, categories, and sources of personal characteristics or attributes of the subject that the covered ADS measures or assesses to make or facilitate the consequential decision.

(D)The subject’s rights under subdivision (c) and the means and timeframe for exercising those rights.

(E)

(B) (i) Contact information for the deployer.
(ii) Contact information for the entity that manages the covered ADS, if that entity is not the deployer.
(iii) Contact information for the entity that will interpret the results of the covered ADS, if that entity is not the deployer.
(2) Paragraph (1) does not apply if the subject of the consequential decision is having a medical emergency.
(3) The disclosure made pursuant to this subdivision may be made through a generalized notice on the deployer’s internet website or by using an automatic reply mechanism.
(b) (1) If a deployer finalizes a consequential decision made or facilitated by a covered ADS that results in an adverse outcome, the deployer shall provide any subject of that decision with a plain language written disclosure containing all of the following information within thirty 30 days:
(A) A plain language description of the consequential decision and the role the covered ADS played in the consequential decision.
(B) Instructions and a simple-to-follow process to request the following information:

(A)

(i) The personal characteristics or attributes of the subject that the covered ADS measured or assessed to make or facilitate the consequential decision.

(B)

(ii) The sources of personal information collected from the subject that were used to make or facilitate the consequential decision.

(C)

(iii) Any key parameters that disproportionately affected the outcome of the consequential decision.

(D)

(iv) The structure and format of the outputs of the covered ADS and a plain language description of how those outputs were used to make or facilitate the consequential decision.

(E)

(v) The role that the ADS played in making the consequential decision and whether any human judgment was involved.

(F)

(vi) Whether a natural person reviewed either of the following before the consequential decision was finalized:

(i)

(I) The outputs of the covered ADS.

(ii)

(II) The outcome of the consequential decision.

(G)

(vii) Contact information for the deployer.

(H)

(viii) Contact information for the entity that manages the covered ADS, if that entity is not the deployer.

(I)

(ix) Contact information for the entity that will interpret the results of the covered ADS, if that entity is not the deployer.

(J)

(x) The subject’s rights under subdivision (c) and the means and timeframe for exercising those rights.
(2) Paragraph (1) does not apply to either of the following:
(A) A medical emergency.
(B) The sorting by a covered ADS of résumés based on bona fide occupational qualifications.
(3) A deployer that provides documentation to a subject of a consequential decision pursuant to this subdivision shall ensure the documentation is all of the following:
(A) Transmitted directly to the subject.
(B) Provided in English and in any other language that the deployer regularly uses to communicate with subjects.
(C) Made available in formats that are accessible to people who are blind or have other disabilities.
(D) Presented in a manner that ensures the communication clearly and effectively conveys the required information to the subject.
(4) A deployer that receives a request for any of the information pursuant to subparagraph (B) of paragraph (1) shall provide the information within 30 business days of the request.
(c) If a deployer that employs more than 25 employees finalizes a consequential decision made or facilitated by a covered ADS that results in an adverse outcome, the deployer shall provide any subject of that decision with an opportunity to do both of the following within 30 business days:
(1) (A) Correct any incorrect personal information used by the covered ADS to make or facilitate the consequential decision.
(B) A deployer shall respond to a request to correct personal information within 30 business days of receiving the request if the request is accompanied by documentation sufficient to assess the basis for the request.
(C) (i) If a deployer determines that complying with a request to correct personal information would change the outcome of the consequential decision, the deployer shall, within 30 days of making the determination, rectify the decision, if feasible.
(ii) If a deployer determines that complying with a request to correct personal information would not change the outcome of the consequential decision, the deployer shall, within 30 days of making the determination, inform the subject that the correction was made but that it did not alter the decision.
(D) A deployer that determines that rectifying the decision is infeasible shall do both of the following:
(i) Provide the subject with an explanation of the basis for the determination.
(ii) Provide the subject with a reasonable opportunity to request that the deployer delete the subject’s personal information.
(2) (A) Appeal the outcome of the consequential decision.
(B) A deployer shall review a request to appeal a consequential decision within 30 business days of receiving the request if the request is accompanied by documentation sufficient to assess the basis for the request.
(C) (i) If a deployer determines that the original decision was incorrect, the deployer shall, within 30 days of making the determination, rectify the decision.
(ii) If a deployer determines that the original decision was correct, the deployer shall, within 30 days of making the determination, inform the subject that the consequential decision will not be altered.
(D) A deployer that denies a request to appeal the outcome of a consequential decision shall provide the subject with an explanation of the basis for the denial.
(d) (1) (A) A deployer that provides documentation to the subject of a consequential decision pursuant to this section may make reasonable redactions for the purpose of protecting trade secrets.
(B) To the extent that a deployer withholds information pursuant to paragraph (1), the deployer shall notify the subject and provide a basis for the withholding.
(2) A deployer that is required by another state or federal law to provide substantially similar notice to a subject of a consequential decision may use existing forms of providing that notice to comply with this section and need not duplicatively provide notice to the subject under this section.
(3) For a consequential decision relating to education, a deployer that is subject to FERPA satisfies the notice and disclosure requirements of this section by providing notice and disclosures through processes and channels that are consistent with FERPA and the deployer’s FERPA notices and student record access procedures, including, if applicable, notice to a parent or guardian or an eligible student.
(4) A deployer that is subject to FERPA is not required to provide a separate or duplicative notice or disclosure process if the deployer has established a notice or disclosure process to comply with FERPA.
(5) A deployer that is subject to FERPA is not required to establish a separate or duplicative correction and reconsideration process if the deployer has established a correction and reconsideration process to comply with FERPA.
(6) (A) A creditor, with respect to a consequential decision involving the offering, denial, pricing, servicing, or other material terms of credit that provides a notice to a consumer pursuant to the federal Equal Credit Opportunity Act (15 U.S.C. Sec. 1691 et seq.) and, if applicable, the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.), shall be deemed in compliance with the notice or disclosure requirements of Section 22756.2 that relate to the same decision if the notice provided to the consumer pursuant to those laws also satisfies the notice or disclosure requirements of this section.
(B) If a creditor complies with applicable federal law described in this paragraph, the creditor is not required to provide a separate or duplicative notice pursuant to this section.
(e) A deployer’s collection, use, retention, and sharing of personal information from a subject of a consequential decision shall be reasonably necessary and proportionate to achieve the purposes for which the personal information was collected and processed, or for another disclosed purpose that is compatible with the context in which the personal information was collected, and not further processed in a manner that is incompatible with those purposes.
(f) (1) A deployer that does any of the following assumes the responsibilities of a developer under this chapter:
(A) Uses a covered ADS to make or facilitate consequential decisions that directly impact more than 6,000 people in a given three-year period, if the deployer did not receive any documentation from the developer of the covered ADS pursuant to subdivision (c) of Section 22756.1 during the three-year period.
(B) Uses a covered ADS to make or facilitate consequential decisions that directly impact more than 6,000 people in a given three-year period, if the deployer’s use of the covered ADS is outside the scope of a developer-approved use.
(C) Substantially modifies an automated decision system and does either of the following:
(i) Uses the substantially modified system to make or facilitate consequential decisions that directly impact more than 6,000 people in a given three-year period.
(ii) Makes the substantially modified system available to potential deployers.
(2) This subdivision does not apply to a deployer that is subject to the federal Gramm-Leach-Bliley Act (15 U.S.C. Sec. 6801 et seq.) with respect to a covered ADS that is used to make or facilitate a consequential decision related to financial services, as described in paragraph (7) of subdivision (c) of Section 22756.
(g) A deployer that uses a covered ADS to make or facilitate a consequential decision shall retain the following documentation in an unredacted format for as long as the deployer uses the covered ADS plus five years:
(1) Any documentation received from developers pursuant to this chapter.
(2) Any documentation provided pursuant to this section to subjects of consequential decisions made or facilitated by the covered ADS.
(3) Any requests to correct personal information made pursuant to this section.
(4) Any requests to appeal the outcome of a consequential decision made pursuant to this section.
(5) Records of any redactions made pursuant to this section.
(h) In addition to the requirements of this section, a deployer that is a business subject to the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100)) is subject to any privacy-related opt-out and access regulation duly adopted by the California Privacy Protection Agency pursuant to paragraph (15) of subdivision (a) of Section 1798.185 of, and subdivision (b) of Section 1798.199.40 of, the Civil Code.

22756.4.
 (a) Any of the following public entities The Attorney General may bring a civil action against a developer or deployer who violates this chapter: chapter.

(1)The Attorney General.

(2)A district attorney, county counsel of any county within which a city has a population in excess of 750,000, city attorney in a city and county, or city attorney of a city having a population in excess of 750,000.

(3)A city prosecutor in any city having a full-time city prosecutor with the consent of the district attorney.

(4)The Civil Rights Department.

(5)The Labor Commissioner with respect to employment-related decisions only.

(b) A court may award a prevailing plaintiff who brings an action pursuant to subdivision (a) all of the following:
(1) Injunctive relief.
(2) Declaratory relief.
(3) Reasonable attorney’s fees and litigation costs.
(4) (A) A civil penalty of up to twenty-five thousand dollars ($25,000) per violation.
(B) In assessing the amount of the civil penalty pursuant to this paragraph, the court may consider relevant circumstances presented by the parties to the action, including, but not limited to, all of the following:
(i) The nature and severity of the misconduct.
(ii) The number of violations.
(iii) The length of time over which the misconduct occurred and the persistence of the misconduct.
(iv) The willfulness of the misconduct.
(v) The defendant’s assets, liabilities, and net worth.
(vi) Whether the developer or deployer took reasonable steps to cure the violation during the pendency of the enforcement action.
(c) (1) Before commencing an action to enforce a violation of this chapter, the Attorney General shall issue a notice of violation to the developer or deployer, as appropriate, if a cure is deemed possible by the Attorney General.
(2) If the developer or deployer fails to cure the violation within 60 days after receipt of a notice of violation, the Attorney General may bring an action pursuant to this section.
(3) If the Attorney General finds and can demonstrate that a developer or deployer knowingly violated this chapter, the Attorney General is not required to provide a cure period before commencing an action to seek penalties or relief.
(4) If the Attorney General finds and can demonstrate that a developer has previously been found in violation of this chapter, or has previously been issued a notice of violation of this chapter regardless of whether the developer or deployer cured the noticed violation, the Attorney General is not required to provide a cure period before commencing an action to seek penalties or relief.
(5) This subdivision shall become inoperative January 1, 2030.

22756.5.
 (a) This chapter does not apply to an automated decision system the sole purpose of which is to do any of the following:
(1) Detect, protect against, or respond to cybersecurity incidents or preserve the integrity or security of computer systems.
(2) Operate aircraft in the national airspace.
(3) Serve a national security or military purpose, if the covered ADS is made available exclusively to a federal government agency for that purpose.
(4) Detect, protect against, or respond to suspected or actual fraudulent electronic payment transactions. fraud or identity theft.
(5) Advertisements.
(6) Detect, protect against, or respond to physical security incidents or illegal activity that threatens the physical safety of natural persons.
(b) The use of a consumer credit score to inform a consequential decision does not itself create an obligation under this chapter.
(c) This chapter does not apply to a covered ADS to the extent that its regulation is preempted by federal law.
(d) (1) Except as provided in paragraph (2), this chapter does not apply to a covered entity regulated under the federal Health Insurance Portability and Account Ability Act of 1996 (42 U.S.C. Secs. 1320d to 1320d-9), or a covered entity’s business associates for any services rendered to a covered entity, to the extent the covered entity is doing business in the state.
(2) Paragraph (1) does not apply to a consequential decision related to employment or an employment opportunity or a patient’s eligibility for financial assistance, including discounted care, or to any requirement of subdivision (a) of Section 22756.2.
(e) This chapter does not apply to a medical device subject to oversight by the United States Food and Drug Administration or a pharmaceutical or medical device manufacturer’s research and development activities that are subject to oversight by the United States Food and Drug Administration, including clinical investigations conducted under Section 312 of Title 21 of the Code of Federal Regulations.
(f) This chapter does not require a person to disclose nonpublic personal information in a manner that would violate the federal Gramm-Leach-Bliley Act (15 U.S.C. Sec. 6801 et seq.).
(g) This chapter does not apply to a medical device or combination product that includes a medical device component subject to oversight by the United States Food and Drug Administration or to a pharmaceutical or medical device manufacturer’s research and development activities that are subject to oversight by the United States Food and Drug Administration, including clinical investigations conducted under Section 312 of Title 21 of the Code of Federal Regulations, or, in the case of a medical device, investigational device exemptions and other clinical investigations conducted under Part 812 of Title 21 of the Code of Federal Regulations.
(h) This chapter does not apply to an automated decision system used solely to support the development, validation, verification, result interpretation, result classification, or quality assurance or proficiency-testing functions of a laboratory test performed by a laboratory certified under the Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a) and regulated under Part 493 of Title 42 of the Code of Federal Regulations to the extent that activity is subject to oversight under that act and those regulations.
(i) This chapter does not apply to an automated decision system used to support manufacturing, quality control, regulatory, safety, pharmacovigilance, quality assurance, batch release, supply chain functions related to the production of a drug, biological product, or medical device, including any GxP uses, to the extent that activity is subject to oversight under any of the following:
(1) Part 210 or 211 of Title 21 of the Code of Federal Regulations.
(2) Parts 600 to 680, inclusive, of Title 21 of the Code of Federal Regulations.
(3) Part 820 of Title 21 of the Code of Federal Regulations, including where that part incorporates by reference quality management system standards for medical devices.
(j) This chapter does not apply to a covered ADS to the extent that the ADS is used to protect against spam and robocall filtering, anti-money laundering and counter-terrorist financing controls, activities relating to technologies used for economic sanctions compliance, and activities relating to technologies used for fraud and scams prevention, including identity verification and consumer identification, if the ADS is not assessing credit risk.

22756.6.
 (a) The rights, remedies, and penalties established by this chapter are cumulative and shall not be construed to supersede the rights, remedies, or penalties established under other laws, including, but not limited to, Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code and Section 51 of the Civil Code.
(b) This chapter does not diminish the rights, privileges, or remedies of an employee under any other federal or state law or under any employment contract or collective bargaining agreement.
(c) This chapter does not authorize any use of automated decision systems that is limited, restricted, or prohibited under any other applicable law.
(d) This chapter does not authorize disparate impacts or disparate treatment limited, restricted, or prohibited under any other applicable law.

SEC. 2.

 Section 51.1.1 is added to the Civil Code, to read:

51.1.1.
 In an action alleging a violation of Section 51 in which the defendant’s development, modification, or use of an automated decision system, as defined in Section 22756 of the Business and Professions Code, is alleged to have caused or facilitated the violation, the extent to which the defendant complied with Chapter 24.6 (commencing with Section 22756) of Division 8 of the Business and Professions Code is relevant to, but not conclusive of, whether the defendant violated Section 51, and a failure to comply with Chapter 24.6 (commencing with Section 22756) of Division 8 of the Business and Professions Code shall not, by itself, give rise to a presumption of unlawful intent.

SEC. 3.

 Article 3 (commencing with Section 12959) is added to Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read:
Article  3. Automated Decision Systems

12959.
 In an action alleging a violation of this chapter in which the defendant’s development, modification, or use of an automated decision system, as defined in Section 22756 of the Business and Professions Code, is alleged to have caused or facilitated the violation, the extent to which the defendant complied with Chapter 24.6 (commencing with Section 22756) of Division 8 of the Business and Professions Code is relevant to, but not conclusive of, whether the defendant violated this chapter.

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