High-Risk AI Developer and Deployer Act

In the meantime, the Virginia legislature has just passed the “High-Risk AI Developer and Deployer Act,” which is a wide-ranging bill focusing on accountability and transparency in AI systems. It would apply to “high-risk” systems, meaning those that can make or be a substantial factor in making consequential decisions. Those are defined as systems that have a “material legal, or similarly significant, effect on the provision or denial to any consumer” of:

  1. parole, probation, a pardon, or any other release from incarceration or court supervision;

  2. education enrollment or an education opportunity;

  3. access to employment;

  4. a financial or lending service;

  5. access to health care services;

  6. housing;

  7. insurance;

  8. marital status or

  9. a legal service.”

    It excludes systems that perform narrow procedural tasks or refine/improve human activity that has already been completed (e.g., quality assurance). As of this writing, the bill was awaiting the signature of Governor Youngkin, whose deadline [was] March 24. If signed, the effective date would be July 1, 2026.

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Artificial Intelligence in HR