{"data":{"id":"us-co/c.r.s.-6-1-1701--2","jurisdiction":"us-co","citation":"C.R.S. § 6-1-1701","heading":"Definitions. [Editor's note: This version of this section is effective January 1, 2027.]","body":"As used in this part 17, unless the context otherwise requires:\n\n(1) \"Adverse outcome\" means:\n\n(a) A decision that denies, terminates, revokes, or materially reduces or restricts a consumer's access to, eligibility for, selection for, compensation for, or the provision of an opportunity or service; or\n\n(b) A decision that results in materially less favorable differentiated price, cost, compensation, or other material terms that are reasonably likely to materially limit, delay, or effectively deny, or otherwise fundamentally alter, a consumer's access to, eligibility for, selection for, compensation for, or the provision of an opportunity or service compared to terms offered to similarly situated consumers. If a decision outcome imposes materially less favorable differentiated pricing or terms, the decision outcome materially influences price, cost sharing, compensation, or material terms.\n\n(2) (a) \"Automated decision-making technology\" or \"ADMT\" means a technology that processes personal data and uses computation to generate output, including predictions, recommendations, classifications, rankings, scores, or other information that is used to make, guide, or assist a decision, judgment, or determination concerning an individual.\n\n(b) \"Automated decision-making technology\" or \"ADMT\" does not include:\n\n(I) The following technologies:\n\n(A) Anti-malware;\n\n(B) Anti-virus;\n\n(C) Calculators;\n\n(D) Databases;\n\n(E) Data storage;\n\n(F) Firewalls;\n\n(G) Internet domain registration;\n\n(H) Internet website loading;\n\n(I) Networking;\n\n(J) Spam- and robocall-filtering;\n\n(K) Spell-checking;\n\n(L) Spreadsheets that require human analysis and do not use machine learning, foundation models, or large language models;\n\n(M) Web caching; or\n\n(N) Web hosting;\n\n(II) A tool used by an individual solely to summarize, organize, translate, draft, route, or present information for human review of administrative processing; or\n\n(III) Technology that communicates with consumers in natural language or other means readily understood by an average consumer for the purpose of providing consumers with information, making referrals or recommendations, answering questions, or generating other content, if:\n\n(A) The technology is not contracted, advertised, marketed, configured, or intended by a person to be used in a consequential decision; and\n\n(B) The technology is subject to an acceptable use policy that prohibits generated content to be used in a consequential decision.\n\n(3) (a) \"Consequential decision\" means:\n\n(I) A decision, determination, or action made about a consumer that relates to the provision of or a consumer's access to, eligibility for, selection for, or compensation for a covered domain; or\n\n(II) A decision, determination, or action about a consumer that relates to a differentiated price, cost sharing, compensation, or other material terms in a manner that is reasonably likely to materially limit, delay, effectively deny, or otherwise fundamentally alter the consumer's access, eligibility, or opportunity for a covered domain.\n\n(b) \"Consequential decision\" does not include:\n\n(I) Low-stakes or routine decisions, actions, and business processes that do not materially influence eligibility for, selection for, denial of, compensation for, pricing of, or access to an opportunity or service for a covered domain, including routine scheduling, classroom personalization, administrative routing, customer service triage, communication of decisions, or workflow management;\n\n(II) Advertising, marketing, differentiated product recommendations, search, or content moderation;\n\n(III) Spreadsheets that require manual human analysis and do not use machine learning, foundation models, or large language models;\n\n(IV) Actions in which an ADMT is used to summarize, organize, or present information for human review and the system does not produce a score, ranking, recommendation, classification, prediction, or other inference that materially influences an outcome or a decision;\n\n(V) Narrow procedural tasks or data-processing functions that do not generate a prediction or inference about a consumer or materially influence a consequential decision or consequential decision process;\n\n(VI) Activities relating to technologies used for cybersecurity, spam- and robo-call filtering, system reliability, and anti-money laundering and counter-terrorist financing controls;\n\n(VII) Activities relating to technologies used for economic sanctions compliance, including under the federal \"Bank Secrecy Act\", 12 U.S.C. sec. 1951 et seq.; the federal \"USA PATRIOT Act\", Pub.L. 107-56; the federal trade commission's red flags rule, 16 CFR 681, as amended; and sanctions programs administered by the United States department of the treasury, excluding facial recognition unless the sole purpose of which is to confirm an individual's identity;\n\n(VIII) Activities relating to technologies used for fraud prevention, including identity verification, consumer identification, monitoring, and reporting controls required under state or federal law; or\n\n(IX) Routine academic administration and student support processes that do not materially influence a consequential decision.\n\n(4) (a) \"Consumer\" has the meaning set forth in section 6-1-1303 (6)(a).\n\n(b) \"Consumer\" includes an employee, a job applicant who is a Colorado resident, and any individual whose access to, eligibility for, or opportunity in Colorado is evaluated in a consequential decision by a person doing business in Colorado.\n\n(4.5) (a) \"Conversational artificial intelligence service\" means an artificial intelligence system that is accessible to the general public and that primarily simulates human conversation and interaction through adaptive textual, visual, or aural communications.\n\n(b) \"Conversational artificial intelligence service\" does not include a software application, web interface, or computer program that:\n\n(I) Is primarily designed and marketed for use by a developer or researcher;\n\n(II) Is primarily designed to provide commerce-related or transactional assistance, including product or service recommendations, shopping, ordering, payments, delivery, returns, customer support, or customer service;\n\n(III) Is designed to provide outputs relating to a narrow and discrete topic and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1710 (2)(c) and (2)(d), or maintain dialogue related to suicidal ideation or self-harm;\n\n(IV) Is primarily designed and marketed for commercial use by business entities for the purpose of business operations, productivity, information analysis, internal research, training, or technical assistance;\n\n(V) Functions as a speaker and voice command interface or text interface and acts as a voice- or text-activated virtual assistant for a consumer electronic device and cannot generate outputs related to sexually explicit conduct or depictions, as described in section 6-1-1710 (2)(c) and (2)(d), or encourage dialogue related to suicidal ideation or self-harm;\n\n(VI) Is used by a business solely for internal purposes;\n\n(VII) Is a feature of a video game that is limited to dialogue focused on the video game and does not maintain dialogue on topics unrelated to the video game;\n\n(VIII) Is a feature of a theme park or location-based entertainment and is limited in dialogue to topics solely related to the theme park or location-based entertainment and does not maintain a dialogue about topics unrelated to the theme park or location-based entertainment;\n\n(IX) Is used by a covered entity or business associate of a covered entity, or is rendered to or provided on behalf of a covered entity or business associate of a covered entity, as those terms are defined in the federal \"health insurance portability and accountability act of 1996\", 42 U.S.C. secs. 1320d to 1320d-9.\n\n(X) Is used by an entity subject to the \"Health Care Availability Act\", article 64 of title 13;\n\n(XI) Is an educational tool designed primarily to support specific and limited instructional, administrative, accessibility, or student support purposes in a school setting and that is not designed to simulate emotional companionship or encourage emotionally dependent interaction; or\n\n(XII) Is a feature within another software application, web interface, or computer program, where the software application, web interface, or computer program is not the conversational artificial intelligence service, that is not designed to simulate emotional companionship or encourage emotionally dependent interaction and that is not a conversational artificial intelligence service, including of a social media platform, as defined in section 6-1-1601 (4)(a).\n\n(5) \"Covered ADMT\" means automated decision-making technology that is used to materially influence a consequential decision.\n\n(6) \"Covered domain\" means:\n\n(a) An education enrollment or an education opportunity;\n\n(b) Employment or an employment opportunity that creates or may create an employer-employee relationship;\n\n(c) The lease or purchase of residential real estate in Colorado;\n\n(d) A financial or lending service;\n\n(e) Insurance, including underwriting, pricing, coverage, claims adjudication, or other determinations that materially affect access to benefits;\n\n(f) Health-care services; or\n\n(g) Essential government services and public benefits, including eligibility and renewal determinations.\n\n(7) \"Deployer\" means a person doing business in Colorado that deploys a covered ADMT.\n\n(8) (a) \"Developer\" means a person doing business in Colorado that:\n\n(I) Develops, offers, sells, leases, licenses, or otherwise makes commercially available a covered ADMT;\n\n(II) Develops a component that is designed, marketed, intended, documented, advertised, configured, or contracted to be used as part of a covered ADMT; or\n\n(III) Intentionally and substantially modifies an ADMT such that it becomes a covered ADMT.\n\n(b) \"Developer\" does not include a person that:\n\n(I) Develops and uses an ADMT:\n\n(A) Solely for research purposes and the ADMT is not used in a consequential decision in the research; or\n\n(B) For internal purposes, such as use and development activities by affiliates and commercial support functions, and that does not make the system available to another person for use in a consequential decision;\n\n(II) Is a preceding developer that makes an ADMT commercially available and an unaffiliated person modifies the covered ADMT in a manner that changes the system's intended, documented, marketed, advertised, configured, or contracted use; or\n\n(III) Has designed, marketed, intended, documented, advertised, configured, or contracted a component that is used as part of an ADMT, but the component is integrated into a covered ADMT without the actual knowledge of the person.\n\n(9) \"Employee\" has the meaning set forth in section 8-4-101 (5).\n\n(10) \"Employer\" has the meaning set forth in section 8-4-101 (6).\n\n(10.5) (a) \"Explicit sexual conduct\" has the meaning set forth in section 13-21-1502 (7).\n\n(b) \"Explicit sexual conduct\" does not include evidence-based medical information or factual descriptions of reproductive health care.\n\n(11) \"FERPA\" means the federal \"Family Educational Rights and Privacy Act of 1974\", 20 U.S.C. sec. 1232g et seq., and its implementing regulations.\n\n(12) \"Intentional and substantial modification\" means a deliberate change made to an ADMT that results in a material change to the system's intended, documented, advertised, configured, or contracted use.\n\n(12.5) \"Intimate digital depiction\" has the meaning set forth in section 13-21-1502 (10).\n\n(13) (a) \"Materially influence\" means:\n\n(I) An ADMT output is a non-de minimis factor that is used in making a consequential decision; and\n\n(II) An ADMT output affects the outcome of a consequential decision, including by constraining, ranking, scoring, recommending, classifying, or otherwise meaningfully altering how a consequential decision is made.\n\n(b) \"Materially influence\" does not include incidental, trivial, or clerical uses.\n\n(14) (a) \"Material update\" means an update, patch, release, revision, or new version of a covered ADMT, including associated software, model parameters, default settings, or documentation, that a developer knows or reasonably should know is likely to materially affect:\n\n(I) The covered ADMT's outputs or performance in a manner relevant to its intended use; or\n\n(II) The developer's stated intended use for the covered ADMT.\n\n(b) \"Material update\" does not include routine maintenance, cosmetic changes, or bug fixes that do not materially influence:\n\n(I) A covered ADMT's outputs or performance in a manner relevant to its intended use; or\n\n(II) A developer's stated intended use for the covered ADMT.\n\n(15) \"Meaningful human review\" means review by a individual designated by the deployer who has authority to approve, modify, or override a consequential decision and who:\n\n(a) Considers relevant, available primary evidence;\n\n(b) Is trained to conduct the review;\n\n(c) Does not default to the system output; and\n\n(d) Has access to sufficient information to understand:\n\n(I) The output's:\n\n(A) Intended use;\n\n(B) Material limitations; and\n\n(C) Categories of inputs; and\n\n(II) The principal factors used to generate the output, without requiring disclosure of proprietary source code, model weights, or other trade secrets.\n\n(15.3) \"Minor\" means a consumer under eighteen years old.\n\n(15.5) (a) \"Operator\" means a person, partnership, corporation, or entity that:\n\n(I) Develops and makes publicly available a conversational artificial intelligence service; or\n\n(II) Offers a conversational artificial intelligence service to a consumer.\n\n(b) \"Operator\" does not include a mobile application store or search engine solely because the store or search engine provides access to a conversational artificial intelligence service.\n\n(16) \"Personal data\" has the meaning set forth in section 6-1-1303 (17).\n\n(16.5) \"Self-harm\" means intentional self-injury, with or without the intent to cause death.\n\n(17) \"Trade secret\" has the meaning set forth in section 7-74-102 (4).\n\n(18) \"Visual depiction\" has the meaning set forth in 18 U.S.C. sec. 2256 (5).","path":["Title 6 - CONSUMER AND COMMERCIAL AFFAIRS","Article 1 - Colorado Consumer Protection Act","Part 17 - AUTOMATED DECISION-MAKING TECHNOLOGY IN CONSEQUENTIAL DECISIONS"],"source_url":"https://olls.info/crs/crs2026-title-06.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"8146ebf69acff41a49375d36142d68df8a028c617929785422b5302ed38fb26f","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-6-1-1708","next":"us-co/c.r.s.-6-1-1702--2"},"notice":"GroundRules: Original legal text. Not legal advice."}