Colorado § 6-1-1705 - Consumer rights - correction - human review and reconsideration - rules.

§ 6-1-1705. Consumer rights - correction - human review and reconsideration - rules.

(1) ​[Editor's note: This version of subsection (1) is effective January 1, 2027.]​

(a) When a consumer experiences an adverse outcome resulting from a consequential decision in which a covered ADMT materially influences the consequential decision, the consumer may request and the deployer shall provide in response to the request:

(I) Instructions for requesting personal data and correcting factually incorrect or materially inaccurate personal data used in a consequential decision that used a covered ADMT consistent with section 6-1-1306; and

(II) An opportunity for meaningful human review and reconsideration of the consequential decision, to the extent commercially reasonable.

(b) For the purposes of this subsection (1), the exceptions to the definition of "consumer" in section 6-1-1303 (6)(b) and the exceptions in section 6-1-1304 (2)(k), (2)(n), and (2)(o) do not apply to the right to request correction of factually incorrect or materially inaccurate personal data pursuant to this subsection (1).

(c) Subsection (1)(a) of this section does not require correction of opinions, predictions, scores, or protected evaluations.

(2) ​[Editor's note: This version of subsection (2) is effective January 1, 2027.]​

(a) For a consequential decision relating to education, a deployer that is subject to FERPA complies with the requirements of subsection (1) of this section through the deployer's existing student record inspection, review, and amendment procedures and any applicable district complaint or appeal process, if the deployer offers a reasonable mechanism for a parent, guardian, or eligible student to request correction of materially inaccurate personal data and reconsideration where applicable under this part 17.

(b) A deployer that is subject to FERPA is not required to establish a separate or duplicative correction or human review and reconsideration process if the deployer has established a correction or human review and reconsideration process to comply with FERPA.

(3) [Editor's note: For the applicability of this subsection (3) on or after January 1, 2027, see the editor's note following the part 17 heading.] On or before January 1, 2027, the attorney general shall adopt rules to clarify and implement the requirements of this section.

Source: L. 2026: Entire part R&RE, (SB 26-189), ch. 131, p. 578, § 1, effective January 1, 2027 (see editor's note).

Editor's note: This section takes effect January 1, 2027; however, section 5(2) of SB 26-189 provides that subsection (3) takes effect upon passage, May 14, 2026.