Does Colorado ADMT Act (SB 26-189) require Record-Keeping & Documentation?
Colorado • enacted
Yes — 2 provisions
Requirements at a glance
This regulation imposes 9 specific requirements for Record-Keeping & Documentation across 2 provisions:
- Use statement — Developers must provide deployers a general statement of intended uses and known harmful or inappropriate uses of the covered ADMT (§ 6-1-1702(1)(a))
- Training data categories — Describe categories of data, including personal data, used to train the covered ADMT, to the extent known (§ 6-1-1702(1)(b))
- Known limitations — Disclose known limitations, risks, and circumstances in which the ADMT should not be used (§ 6-1-1702(1)(c))
- Human-review instructions — Provide instructions for the deployer's appropriate use, monitoring, and meaningful human review where applicable (§ 6-1-1702(1)(d))
- Deployer-compliance info — Provide information reasonably necessary for the deployer to comply with § 6-1-1704; notify the deployer if information is withheld (§ 6-1-1702(1)(e))
- Update notices — Provide notice of material updates, substantial modifications, and changes to intended use/limitations/risk mitigation within a reasonable time; public release notes permitted with direct notice (§ 6-1-1702(2))
- Recordkeeping — Retain records (version identifiers, changelogs, update notices) for not less than 3 years to demonstrate compliance (§ 6-1-1702(4))
- Retention period — Retain records for not less than 3 years after the date of a consequential decision (or longer if required by other law) reasonably necessary to demonstrate compliance with part 17 (§ 6-1-1703)
- Record contents — Records may include covered ADMT version identifiers, changelogs, and documentation of material mitigation changes (§ 6-1-1703)
Developer Documentation #
Requirements
| Requirement | Details |
|---|---|
| Use statement | Developers must provide deployers a general statement of intended uses and known harmful or inappropriate uses of the covered ADMT (§ 6-1-1702(1)(a)) |
| Training data categories | Describe categories of data, including personal data, used to train the covered ADMT, to the extent known (§ 6-1-1702(1)(b)) |
| Known limitations | Disclose known limitations, risks, and circumstances in which the ADMT should not be used (§ 6-1-1702(1)(c)) |
| Human-review instructions | Provide instructions for the deployer's appropriate use, monitoring, and meaningful human review where applicable (§ 6-1-1702(1)(d)) |
| Deployer-compliance info | Provide information reasonably necessary for the deployer to comply with § 6-1-1704; notify the deployer if information is withheld (§ 6-1-1702(1)(e)) |
| Update notices | Provide notice of material updates, substantial modifications, and changes to intended use/limitations/risk mitigation within a reasonable time; public release notes permitted with direct notice (§ 6-1-1702(2)) |
| Recordkeeping | Retain records (version identifiers, changelogs, update notices) for not less than 3 years to demonstrate compliance (§ 6-1-1702(4)) |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Deceptive trade practice under the Colorado Consumer Protection Act; AG enforcement only, 60-day right to cure (only where the AG deems cure possible; unavailable for knowing or repeated violations, § 6-1-1706(3)(c); the whole cure subsection is repealed 2030-01-01, § 6-1-1706(3)(f)); no private right of action |
Sources: SB 26-189 Signed Act
Deployer Record-Keeping #
Requirements
| Requirement | Details |
|---|---|
| Retention period | Retain records for not less than 3 years after the date of a consequential decision (or longer if required by other law) reasonably necessary to demonstrate compliance with part 17 (§ 6-1-1703) |
| Record contents | Records may include covered ADMT version identifiers, changelogs, and documentation of material mitigation changes (§ 6-1-1703) |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Deceptive trade practice under the Colorado Consumer Protection Act; AG enforcement only, 60-day right to cure (only where the AG deems cure possible; unavailable for knowing or repeated violations, § 6-1-1706(3)(c); the whole cure subsection is repealed 2030-01-01, § 6-1-1706(3)(f)); no private right of action |
Sources: SB 26-189 Signed Act