Colorado AI Act: Definitions
Definitions [C.R.S. § 6-1-1701]
Citation: § 6-1-1701 (definitions), Section 6-1-1701
Q: What is “algorithmic discrimination” under the Colorado AI Act? A: Algorithmic discrimination is when an AI system causes unlawful differential treatment based on protected characteristics like race, sex, disability, age, or other protected classes [§ 6-1-1701].
Key rule (§ 6-1-1701): Algorithmic discrimination means AI-caused differential treatment or impact that disfavors individuals based on protected characteristics.
Rule: The Colorado AI Act focuses on preventing AI systems from discriminating against people based on protected characteristics.
Key Definitions
Algorithmic Discrimination [§ 6-1-1701]
“Algorithmic discrimination” means any condition in which the use of an artificial intelligence system results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived:
| Protected Characteristic | Examples |
|---|---|
| Age | Denying services to elderly |
| Color | Skin color discrimination |
| Disability | Physical or mental disabilities |
| Ethnicity | National/ethnic origin |
| Genetic information | DNA-based discrimination |
| Limited English proficiency | Language discrimination |
| National origin | Country of birth |
| Race | Racial discrimination |
| Religion | Religious discrimination |
| Reproductive health | Pregnancy, fertility |
| Sex | Gender discrimination |
| Veteran status | Military service |
| Other protected classes | Under state or federal law |
Developer [§ 6-1-1701]
A “developer” means a person doing business in this state that develops or intentionally and substantially modifies an artificial intelligence system.
Includes:
- AI companies building models
- Software companies creating AI features
- Businesses that substantially modify AI systems
Deployer [§ 6-1-1701]
A “deployer” means a person doing business in this state that deploys a high-risk artificial intelligence system.
Includes:
- Companies using AI to make decisions about customers
- Businesses integrating AI into their services
- Organizations using AI for hiring, lending, insurance, etc.
High-Risk Artificial Intelligence System [§ 6-1-1701]
An AI system that makes, or is a substantial factor in making, a consequential decision.
Consequential Decision [§ 6-1-1701]
A decision that has a material legal or similarly significant effect on:
| Domain | Examples |
|---|---|
| Education | Enrollment, discipline, financial aid |
| Employment | Hiring, firing, promotions, compensation |
| Financial services | Lending, credit, insurance |
| Government services | Benefits eligibility, licensing |
| Healthcare | Treatment decisions, coverage |
| Housing | Rental applications, mortgage decisions |
| Legal services | Legal representation, case outcomes |
What’s NOT Covered
The law focuses on predictive AI systems that make consequential decisions. It does NOT primarily target:
- General-purpose chatbots (unless making consequential decisions)
- Generative AI for creative purposes
- AI assistants for information retrieval
- AI that assists humans but doesn’t make decisions