The Vermont Statutes Online

Title 3 : Executive

Chapter 056 : Agency of Digital Services

• § 3305. Automated decision system; State procurement; inventory

  (a) Definitions. As used in this section:

  (1) “Algorithm” means a computerized procedure consisting of a set of steps used to accomplish a determined task.

  (2) “Automated decision system” means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analytics to make or support government decisions, judgments, or conclusions.

  (3) “Automated final decision system” means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.

  (4) “Automated support decision system” means an automated decision system that provides information to inform the final decision, judgment, or conclusion of a human decision maker.

  (5) “State government” has the same meaning as in section 3301 of this chapter.

  (b) Inventory. The Agency of Digital Services shall conduct a review and make an inventory of all automated decision systems that are being developed, employed, or procured by State government. The inventory shall include the following for each automated decision system:

  (1) the automated decision system’s name and vendor;

  (2) a description of the automated decision system’s general capabilities, including:

  (A) reasonably foreseeable capabilities outside the scope of the agency’s proposed use; and

  (B) whether the automated decision system is used or may be used for independent decision-making powers and the impact of those decisions on Vermont residents;

  (3) the type or types of data inputs that the technology uses; how that data is generated, collected, and processed; and the type or types of data the automated decision system is reasonably likely to generate;

  (4) whether the automated decision system has been tested for bias by an independent third party, has a known bias, or is untested for bias;

  (5) a description of the purpose and proposed use of the automated decision system, including:

  (A) what decision or decisions it will be used to make or support;

  (B) whether it is an automated final decision system or automated support decision system; and

  (C) its intended benefits, including any data or research relevant to the outcome of those results;

  (6) how automated decision system data is securely stored and processed and whether an agency intends to share access to the automated decision system or the data from that automated decision system with any other entity, which entity, and why; and

  (7) a description of the IT fiscal impacts of the automated decision system, including:

  (A) initial acquisition costs and ongoing operating costs, such as maintenance, licensing, personnel, legal compliance, use auditing, data retention, and security costs;

  (B) any cost savings that would be achieved through the use of the technology; and

  (C) any current or potential sources of funding, including any subsidies or free products being offered by vendors or governmental entities. (Added 2021, No. 132 (Adj. Sess.), § 3, eff. July 1, 2022.)