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Analyzing the Colorado AI Act Proposed Amendments

By David Stauss, Shelby Dolen & Marlaina Pinto on April 30, 2025
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Keypoint: The Colorado legislature is considering significant amendments to the nation’s first algorithmic discrimination law.

On April 28, 2025, Colorado Senator Robert Rodriguez and Representative Brianna Titone introduced SB 318, which makes significant amendments to the Colorado AI Act (SB 205). The bill is currently pending in the Senate. The Colorado legislature closes Wednesday, May 7. In the below article, we provide an overview of the more significant proposed amendments.

In addition, because SB 318 is only a redline of the sections of the Colorado AI Act for which amendments were proposed, it does not show the changes in the full context of the existing law. We prepared a complete redline of the law, which is available to Byte Back AI subscribers here.

Changes to Definitions

Algorithmic Discrimination

The amendments significantly change the law’s definition of algorithmic discrimination. Under the prior version, algorithmic discrimination was defined as any condition in which the use of an AI system results in unlawful differential treatment or impact that disfavors an individual or group of individuals based on a protected classification such as race or gender. The proposed definition defines the term as the use of an AI system that results in a violation of any applicable local, state or federal anti-discrimination law, such as the Colorado Anti-Discrimination Act. This is a narrower definition than under the existing law.

Consequential Decision

The amendments narrow the definition of a consequential decision. Under the law, a consequential decision is a . . . . . . The remainder of this article is available to Byte Back AI subscribers here.

Tags: AI
Photo of David Stauss David Stauss

David routinely counsels clients on complying with privacy laws such as the EU’s General Data Protection Regulation, the California Consumer Privacy Act, the Colorado Privacy Act, and other state privacy laws. David is certified by the International Association of Privacy Professionals as…

David routinely counsels clients on complying with privacy laws such as the EU’s General Data Protection Regulation, the California Consumer Privacy Act, the Colorado Privacy Act, and other state privacy laws. David is certified by the International Association of Privacy Professionals as a Privacy Law Specialist, Certified Information Privacy Professional (US and EU), Certified Information Privacy Technologist, and Fellow of Information Privacy.

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Photo of Shelby Dolen Shelby Dolen

Clients and legal teams appreciate Shelby’s passion for the law as it relates to protecting technology and company assets. She regularly monitors and researches fast-changing consumer privacy laws, with the understanding that critical strategy and success for any business includes oversight of data…

Clients and legal teams appreciate Shelby’s passion for the law as it relates to protecting technology and company assets. She regularly monitors and researches fast-changing consumer privacy laws, with the understanding that critical strategy and success for any business includes oversight of data privacy policies and intellectual property portfolios.

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Photo of Marlaina Pinto Marlaina Pinto

Marlaina focuses on intellectual property and data privacy work.

With a prior career working with online data assets for a marketing technology and consulting company, Marlaina was drawn to the fast-paced changes in data privacy and AI regulations. During law school, she served

…

Marlaina focuses on intellectual property and data privacy work.

With a prior career working with online data assets for a marketing technology and consulting company, Marlaina was drawn to the fast-paced changes in data privacy and AI regulations. During law school, she served as editor-in-chief of the Colorado Technology Law Journal, where she worked with articles on emerging tech law and policy issues. She also served as both a law clerk and summer associate at Husch Blackwell, gaining practical experience in drafting privacy policies and tracking state privacy and AI bills. Her work at the firm further honed her skills in creating compliance strategies that address various privacy laws across different jurisdictions.

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  • Posted in:
    Privacy & Data Security
  • Blog:
    Byte Back
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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