Bill > SB2255

This bill introduces the Surveillance-Based Price and Wage Discrimination Act, which aims to protect consumers and employees from discriminatory practices using surveillance data and automated decision systems. The legislation prohibits businesses from using surveillance data (which includes personal characteristics, behaviors, and biometric information gathered through observation or purchase) as part of an automated decision system to set individualized prices for consumers or wages for employees. For prices, the bill allows variations only if they are based on the actual cost of providing goods or services. For wages, employers can set individualized wages based on specific employee-related data directly connected to their job tasks, but must disclose the data and decision-making process beforehand and provide procedures to ensure data accuracy. The bill includes exemptions for insurers using risk-relevant data and credit reporting practices. Enforcement is assigned to the Attorney General, with potential civil penalties up to $10,000 per violation. Additionally, the bill provides a private right of action for aggrieved individuals, allowing them to sue for damages ranging from actual damages to $3,000 per violation, or potentially triple damages if bad faith or intentional violation is proven. The legislation does not replace existing legal rights and remedies, but provides an additional layer of protection against discriminatory surveillance-based pricing and wage practices.