Section 5-D:4 - Permitted Uses And RestrictionsUse of AI by state agencies shall be allowed under the following circumstances and with the following restrictions:
I. If an AI system produces a recommendation or a decision, and this recommendation or decision once implemented or executed cannot be reversed, then the recommendation or decision must be reviewed by a human who is in an appropriate responsible position and is aware of the limitations of the AI system before the recommendation or decision takes effect.II. Such recommendations and decisions pertain to, but are not limited to, the following:(a) Situations in which limitations on rights and freedoms of an individual person or group of persons are determined.(b) Biometric identification to verify the identity of an individual person.(c) Management and operation of critical infrastructure.(d) Actions taken by law enforcement at the state and local levels.(e) Interpreting and applying the laws of the state, including sentencing.III. Any material produced by generative AI and that has not been reviewed, and possibly edited by a human in an appropriate responsible position, must be accompanied by disclosure that the content was generated by AI.IV. In all other circumstances in which a human user is interacting with an AI system, either directly or indirectly, the user must be informed that they are interacting with an AI system.Added by 2024, 209:1, eff. 7/1/2024.