summary
Introduced
02/18/2025
02/18/2025
In Committee
02/18/2025
02/18/2025
Crossed Over
Passed
Dead
04/22/2025
04/22/2025
Introduced Session
2025 Regular Session
Bill Summary
Surveillance data is data that is obtained through observation, inference, or surveillance and that is related to personal characteristics, behaviors, or biometrics. The bill prohibits surveillance-based discrimination against a consumer or worker based on surveillance data through the use of automated decision systems to inform: ! Individualized prices based on surveillance data regarding a consumer; or ! Individualized wages based on surveillance data regarding a worker. An automated decision system is defined by the bill and includes, in part, information derived from machine learning or other data processing or artificial intelligence. The bill specifies activities that are not surveillance-based price or wage discrimination. The attorney general or a district attorney may bring a civil action on behalf of the state against a person that violates the prohibition against surveillance-based discrimination to seek the imposition of civil penalties. In addition, a person aggrieved by a violation of the prohibition against surveillance-based discrimination may bring a civil action on behalf of themself or a group of similarly situated persons to restrain further violations and to recover damages, costs, and reasonable attorney fees. A violation of the prohibition against surveillance-based discrimination is a deceptive trade practice under the "Colorado Consumer Protection Act".
AI Summary
This bill prohibits the use of surveillance data to discriminate against consumers or workers by setting individualized prices or wages through automated decision systems. The legislation defines key terms such as "surveillance data" (information obtained through observation or inference about personal characteristics, behaviors, or biometrics), "automated decision system" (a computational process that assists or replaces human decision-making), and "individualized" (specific to or inferred about an individual or group). The bill allows for some exceptions, such as price differences based on actual cost variations or legitimate discounts available to all consumers. Both the Attorney General and district attorneys can bring civil actions against violations, with potential penalties of up to $10,000 per violation, and individuals who are harmed can also sue to recover damages. Aggrieved parties may receive actual damages, a minimum of $3,000 per violation, or up to three times the actual damages if bad faith can be proven. The bill aims to protect consumers and workers from discriminatory pricing and wage practices that rely on invasive surveillance data, ensuring transparency and fairness in automated decision-making processes. The legislation will take effect 90 days after the final adjournment of the general assembly, subject to potential referendum.
Committee Categories
Justice
Sponsors (4)
Last Action
House Committee on Judiciary Postpone Indefinitely (on 04/22/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://leg.colorado.gov/bills/hb25-1264 |
| Fiscal Note FN1 | https://leg.colorado.gov/sites/default/files/documents/2025A/bills/fn/2025a_hb1264_00.pdf |
| BillText | https://leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1264_01.pdf |
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