On Nov. 8, 2024, the California Privacy Protection Agency (CPPA) voted to advance proposed regulations concerning automated decision-making technology (ADMT). While the comment period is ongoing and there aren’t final rules yet, some key provisions can help businesses begin to assess the potential effects of these rules if made final in their current state. This article looks at what ADMT means.
According to the proposed regulation, ADMT would mean: “any technology that processes personal information and uses computation to execute a decision, replace human decisionmaking, or substantially facilitate human decisionmaking.”
The first thing to note is that, for the purposes of these proposed regulations, an ADMT under the California Consumer Privacy Act of 2018 (CCPA) proposed rules must involve the processing of personal information. Under the CCPA, however, while personal information is defined broadly, there are several exceptions. One is that neither de-identified nor aggregate consumer information constitute personal information. Another is that protected health information covered by the Health Insurance Portability and Accountability Act (HIPAA) is not considered personal information. And there are other exceptions to consider.
Understanding these exceptions may help businesses narrow the impact of these regulations on their organizations. For example, technology facilitating human decision-making to process claims under a HIPAA-covered group health...
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