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This entry was published on 2025-02-21
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SECTION 103-E
Artificial intelligence (AI) inventory
State Technology (STT) CHAPTER 57-A, ARTICLE 1
* § 103-e. Artificial intelligence (AI) inventory. 1. The office shall
maintain an inventory of state agency artificial intelligence systems.
The office shall issue guidance to state agencies identifying the data
elements to be collected and submitted to the office for such inventory,
including but not limited to the purpose and uses of the artificial
intelligence systems. The inventory shall be posted on the New York
state open data website on the thirtieth of December next succeeding the
date this section takes effect, and annually thereafter. State agencies
shall submit information required by the office at least sixty days in
advance of the annual publication date. The office may withhold certain
information if it determines disclosure of this information would
jeopardize the security of information technology assets, or as
prescribed by article six of the public officers law.

2. For purposes of this section, "artificial intelligence system"
shall mean a machine-based system that can, for a given set of
human-defined objectives, make predictions, recommendations, or
decisions influencing real or virtual environments that, when used, may
"directly impact the public". Artificial intelligence systems use
machine- and human-based inputs to perceive real and virtual
environments, abstract such perceptions into models through analysis in
an automated manner, and use model inference to formulate options for
information or action. "Artificial intelligence system" includes but is
not limited to systems that use machine learning, large language model,
natural language processing, and computer vision technologies, including
generative artificial intelligence. "Artificial intelligence system"
shall not include basic calculations, basic automation, or pre-recorded
rule-based conditional logic response systems with predefined triggers
that automatically initiate predetermined actions, such as If This Then
That (IFTT) systems.

3. For purposes of this section, "directly impact the public" shall
mean when the use of an artificial intelligence system would control,
have a material impact on, or meaningfully influence the outcome of
activities that impact the safety, welfare, or rights of the public.
Such activities include but are not limited to assessments or decisions
about individuals including in law enforcement, housing, hiring and
employment, financial, educational, or healthcare contexts, decisions
regarding access to or eligibility for government benefits or about
child welfare, or the functioning of emergency services or critical
infrastructure.

4. The office may ask and shall receive from any state agency any
information or assistance necessary to carry out its powers and duties
under this section.

5. The office shall submit a copy of the artificial intelligence
inventory to the governor, the temporary president of the senate, and
the speaker of the assembly.

* NB Effective July 1, 2025