Data Security and Privacy Liability - Working Group 11

Drafting Team - Overview

The drafting team will be tasked with preparing a Commentary to provide guidance to legislators, regulatory authorities, judges, and practitioners regarding certain statutory clarifications and/or interpretations that may be needed in order for the Colorado Privacy Act ("CPA") (Colo. Rev. Stat. §§ 6-1-1301 et seq.) and Colorado AI Law ("CAI") (Col. Rev. Stat. §§ 6-1-1701 et seq.) to be read consistently with one another when a business is using AI in the hiring process. Specifically, the Commentary should address the following three questions:

• Under what circumstances does a business's use of a "High-Risk Artificial Intelligence System" ("HRAI") as defined by the CAI to help make hiring decisions meet the CPA's definition of the sort of "profiling" that triggers the CPA's opt-out right?
• Where a business's use of an HRAI in the course of its hiring process triggers a CPA opt-out right on the part of a job applicant, and the job applicant exercises that right, how should the applicant's personal data thereafter be managed to ensure compliance with other aspects of both CPA and CAI?
• Can a business solve all CPA compliance issues raised by its an HRAI in the course of its hiring process by keeping all personal data out of the HRAI?

• Drafting team members are expected to make the following commitments:
  • Total time commitment is 12-15 hours per month, including actual drafting, review and drafting team meetings
  • Drafting team members are expected to regularly participate in drafting team meetings - drafting team leaders will take attendance for all meetings, and track meeting participation and contibutions during drafting team meetings
  • Drafting team members will be expected to draft or assist in drafting portions of the document and/or perform research as needed - drafting team leaders will track contributions to the drafting and/or research
  • Drafting team members are expected to review all team drafts that are circulated, and comment and edit as necessary
• It is critical that all team members are active, engaged participants in the drafting efforts, in order to produce high-quality work product in a limited timeframe. If the participation requirements outlined above are not something that you can commit to at this time, we recommend that you postpone pursuing a spot on a drafting team until you are able to make these commitments. There will be more WG11 drafting efforts in the near future. Additionally, we will likely have more well-qualified, well-rounded applicants than we have spaces available for this drafting team. As a result, we may have a ranked waiting list. If during the drafting effort, a team member is not able to maintain the commitment required of team members, we will replace that member, if necessary.

In order to apply for the drafting team, you must be a member of WG11. If you are interested in applying for the drafting team, but are not yet a member of WG11, please become a member by signing up for a Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activites of all Workng Groups, including WG11. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or +1(602) 258-4910.

As a drafting team will typically only have 8-10 members, the Steering Committee will need to be very selective. But all WG11 members, however, will have a chance to review and comment on the draft that the team produces.

Factors in Drafting Team Selection

• Expertise
• Years of Experience
• Participation on the corresponding brainstorming group
  • Did you join - and contribute - to the preceding brainstorming group?
• Balance
  • As we work to achieve consensus-based documents, it is important that a wide range of perspectives and backgrounds are represented. Accordingly, in selecting drafting team members the Steering Committee will work to ensure these perspectives are fairly represented. Please keep in mind, however, we do not seek differing perspectives so that one may advocate on behalf of a particular perspective or constituency. We seek differing viewpoints, backgrounds and experiences in order to build a consensus-based document that is beneficial to all stakeholders
  • Perspectives we seek to have represented on the drafting teams include, among others:
    • In-house counsel
    • Outside counsel
    • Counsel for consumers
    • Jurists
    • Regulators
    • Technologists
    • Experts
    • Corporate decision-makers
    • Service providers
  • Should you ultimately not be selected for the drafting team, it may simply be the result of too many applicants representing a particular perspective, and not at all based on a lack of qualifications

In order to be considered for the drafting team, please complete the questionnaire found here and submit it no later than COB EST on Monday, January 6, 2025.