In
In addition to the warning, the settlement provides a roadmap for companies to assess and mitigate potential bias in their use of AI and other automated decision-making systems. It also continues the
The consent order imposes stringent obligations on
- Prohibition on FRT:
- Algorithmic and data disgorgement:
Rite Aid must delete, and direct third parties to delete, any images or photos they collected throughRite Aid's FRT, as well as any data, models, or algorithms or other products developed using those images and photos. - AI bias monitoring program and risk assessment:
Rite Aid must implement a comprehensive monitoring program that identifies and addresses risks associated with what theFTC views as algorithmic bias and associated harms that theFTC believes will disproportionately affect consumers, including based on their race, ethnicity, gender, sex, age, or disability. - Vendor monitoring:
Rite Aid must conduct periodic assessments for algorithmic bias of its vendors that handle personal information. - Addressing of consumer complaints for algorithmic determinations:
Rite Aid must investigate and respond to consumer complaints about actions taken byRite Aid against consumers related to algorithmic determinations. - Customer notifications:
Rite Aid must inform consumers when they are enrolled in a FRT system, how they may contest their entry into that system, when it takes an action against them based on an output generated by an algorithmic determination that could hurt them, and how they may contest those actions. - Screening for bias by, for example, articulating the ideal target against the actual target.
- Retraining any biased algorithms or, alternatively, discontinuing or suspending their use.
- Conducting third-party assessments of information security programs.
- Training employees appropriately on the risks of algorithmic bias.
- Monitoring and contractually requiring service providers that handle personal information to maintain safeguards to address algorithmic bias.
This is not the first time the
In light of this
-
Creating an inventory of all algorithms currently in use.
With the increased risk of regulatory scrutiny, companies should act now to proactively mitigate the risk of enforcement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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