Rules / Colorado

Automated Decision-Making Technology (SB 26-189)

Enacted, not yet in forceLawBinding

Requires developers of automated decision-making technology that materially influences consequential decisions (education, employment, housing, lending, insurance, health care, government services) to give deployers technical documentation, and deployers to notify consumers at the point of use and explain the tool's role within 30 days of an adverse decision. Consumers can access and correct data and request meaningful human review; both parties keep records for 3 years.

Why it matters

Replaces the duty-of-care/impact-assessment model with a disclosure-and-appeal model, but enforcement is frozen by a federal-court stay pending the xAI/DOJ challenge.

What it requires

Transparency to usersConsumer rightsHuman oversightData governance

Penalties

Deceptive trade practice under the Colorado Consumer Protection Act, enforced by the Attorney General; 60-day cure period until 1 Jan 2030; no private right of action

SourceColorado General Assembly: https://leg.colorado.gov/bills/sb26-189Secondary: https://www.justice.gov/opa/pr/justice-department-intervenes-xai-lawsuit-challenging-colorados-algorithmic-discrimination Checked against the source on 4 Oct 2026. xAI sued Colorado's AG in D. Colo. on 9 Apr 2026; DOJ intervened 24 Apr 2026 (Equal Protection claims). A stipulated stay entered in late April 2026 bars enforcement of SB 24-205 'or any legislation replacing or amending it' until 14 days after a ruling on xAI's preliminary-injunction motion, which xAI will file after the AG completes rulemaking.

Cite this record

Automated Decision-Making Technology (SB 26-189). Colorado General Assembly / Governor. Status: Enacted, not yet in force. wheresthe.ai, https://wheresthe.ai/rule/us-co-sb26-189-admt-2026/ (verified 4 Oct 2026).

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