Sec. 2412 of 2023 Consumer Protection Act

Proposed 2023-07-27 | Official source

Summary

Prohibits non-governmental entities from designing or employing AI, or handling data, in ways that will harm people or discriminate either (a) on the basis of protected class or (b) in granting access to important opportunities and services.

This summary is awaiting validation (peer review by a second AGORA editor).

Key facts

🏛️ This document was proposed and/or enacted by the United States Congress but is now defunct. For authoritative text and metadata, visit the official source.

🎯 This document primarily applies to the private sector, rather than the government.

📜 This document's name is Sec. 2412. Duty of Care, Digital Consumer Protection Commission Act of 2023. AGORA also tracks this document under the name Sec. 2412 of 2023 Consumer Protection Act. It is part of 2023 Consumer Protection Act.

↳ This document is part of a longer one: 2023 Consumer Protection Act. Some AGORA documents are "split off" from longer documents that mix AI and non-AI content, such as omnibus authorization or appropriations laws in the United States Congress. Read more >>

Themes AI risks, applications, governance strategies, and other themes addressed in AGORA documents.

Thematic tags for this document are awaiting validation (peer review by a second AGORA editor).

Harms (4)

Governance strategies (4)

AI application areas (2)

Full text

This is an unofficial copy. The document has been archived and reformatted in plaintext for AGORA. Footnotes, tables, and similar material may be omitted. For the official text, visit the original source.
Thematic tags for this document are awaiting validation (peer review by a second AGORA editor).

SEC. 2412. Duty of care. “(a) In general.—A covered entity may not design or employ services or algorithms, or process, collect, store, or transfer personal data, in a manner that causes or is likely to cause any of the following: “(1) Physical, economic, relational, or reputational injury to a person. “(2) Psychological injuries that would be highly offensive to a reasonable person. “(3) Discrimination on the basis of a person’s or class of persons’ actual or perceived race, color, ethnicity, sex (including sexual orientation, gender identity, and sex characteristics), religion, national origin, familial status, biometric information, or disability status. “(4) Discrimination regarding a decision that produces a legal effect or similarly significant effect concerning a person.

“(b) Definition.—For purposes of subsection (a)(4), the term ‘decision that produces a legal effect or similarly significant effect concerning a person’ includes denial or degradation of consequential services or support, such as financial or lending services, housing, insurance, educational enrollment, criminal justice, employment opportunities, health care services, and access to basic necessities, such as food and water. “(c) Exceptions.—Subsection (a) shall not apply to— “(1) the design or employment of services or algorithms, or the processing, collecting, storing, or transferring of personal data, for the purpose of— “(A) a covered entity’s self-testing to prevent or mitigate unlawful discrimination; “(B) diversifying an applicant, participant, or customer pool; or “(C) providing resources for the prevention of harm, consistent with evidence-based medical information; or “(2) any private club or group not open to the public, as described in section 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).