Will Keys

Legislation seeks to address algorithm bias in state IT projects

April 9, 2021 by Will Keys

This week, legislation that would create the Automated Decision Systems Accountability Act of 2021 passed out of the Assembly Committee on Privacy and Consumer Protection, moving a step closer to regulating artificial intelligence in state IT projects.

Assembly Bill 13 by Assemblymember David Chiu (D-San Francisco) requires decision-making on the acquisition of information technology to be supplemented with a computational process that includes data analysis, statistical models, and artificial intelligence that minimizes the risk of algorithmic bias, or the “risk of adverse and discriminatory impacts resulting from the design and application of automated decision systems.”

Existing law requires a “value-effective acquisition” of information technology goods—the careful consideration of operational cost, product quality, and other factors when awarding contracts for applications that carry a high level of risk.

According to the bill, high-risk applications are defined as any application that poses risks to personal information or legal rights of individuals, particularly those identified in the Unruh Civil Rights Act.

AB13 hinges on the idea that legal obligation of seeking a value-effective acquisition cannot be fulfilled without leveraging automated support that eliminates or reduces the risk of discrimination and bias.

The proposal says the California Department of Technology must “establish and make public guidelines for identifying automated decision systems that are subject to the bill’s requirements” on or before Jan. 1, 2023.

The bill also requires that, within ten days of awarding a contract, state agencies must submit a high-risk automated decision system accountability report to CDT, which would provide “a description of any potential disparate impacts . . . and a detailed mitigation plan for identifying and minimizing the potential for any disparate impacts throughout the contracted use of the system.”

Assemblymember Ed Chau, who first proposed AB13 in Dec, 2020, fielded questions during the Thursday hearing.

Some of AB13’s opposition expressed concerns regarding the breadth of the bill, and whether the definition of a “high-risk application” could be applied to nearly any work the state does on a daily basis.

Chau assured opponents that the bill had already been narrowed substantially and that AB13 “will likely be amended to explicitly exclude [calculators and spreadsheets] from the bill.”

Furthermore, Chau assured the opposition that AB13 would not require private companies that develop algorithms and artificial intelligence to reveal any trade secrets or proprietary information.

Board Members Appointed to California’s Privacy Protection Agency

March 22, 2021 by Will Keys

On Mar. 17, Governor Gavin Newsom, along with other state officials, announced the establishment of the California Privacy Protection Agency (CPPA) board and appointed five inaugural members.

The new agency was created by Proposition 24 approved by California voters on Nov. 4, 2020. to create the first independent regulatory and enforcement authority full administrative and jurisdiction oversight to enforce the California Consumer Privacy Act and California Privacy Rights Act of 2020.

The five-member board, made up of privacy, technology, and consumer rights experts, including the following:

Jennifer M. Urban, Clinical Professor of Law and Director of Policy Initiatives for the Samuelson Law, Technology and Public Policy Clinic at the University of California, Berkeley School of Law. Urban was designated by Gov. Newsom.
John Christopher Thompson, Senior Vice President of Government Relations at LA 2028. Thompson was designated by Gov. Newsom.
Angela Sierra, former Chief Assistant Attorney General of the Public Rights Division. Sierra was designated by Attorney General Xavier Becerra.
Lydia de la Torre, professor at Santa Clara University Law School specializing in privacy law. De la Torre was designated by Senate President pro tempore Toni G. Atkins.
Vinhcent Le, Technology Equity attorney at the Greenlining Institute, Le was designated by Speaker Anthony Rendon.

“Californians deserve to have their data protected and the individuals appointed today will bring their expertise in technology, privacy and consumer rights to advance that goal,” Gov. Newsom said via a press release from his office. “These appointees represent a new day in online consumer protection and business accountability.”

New report confronts shift in workplace amid economic crisis

March 5, 2021 by Will Keys

With a backdrop of economic crisis and a massive shift toward telework due to the global pandemic, a new report confronts unemployment, unequal wages, and a fast-changing job landscape.

Governor Newsom’s Future of Work Commission published its findings after 18 months of meetings across the state and staff work that identifies challenges faced by businesses and government. While started before COVID-19, the study says 2020 accelerated conditions and pushed leaders to form a “New Social Compact” for workers.

California Business Roundtable President Rob Lapsley said that it’s too soon to tell if we are beyond an economic tipping point. In a panel discussion hosted online by Capitol Weekly, Lapsley was joined by Newsom’s former economic advisory Lenny Mendonca, labor leader Caitlin Vega, and Evan White, executive director of the California Policy Lab.

“We’re going to see a fundamental shift coming out of the pandemic of what work looks like, for California companies. And that starts with telecommuting,” said Lapsley. “What does that mean? Are workers going to be connected to California companies, but working out of state? What does that mean for housing? What does that mean for commuting? What does that mean for real estate?”

The 55-page report examines the future of work in California by the year 2030, as well as economic trends related to automation and job displacement across the state.

“The challenges we all faced in 2020 both fast-tracked the trends shaping the future of work and shifted predictions to current reality,” Commission co-chairs Mary Kay-Henry and James Manyika said in a press release announcing the report.

The report offers five “moonshot” goals to work towards in the next ten years.

Ensure sure there is a job for everyone willing to work, prioritizing job creation and job access.
Eliminate the poverty faced by nearly 45 percent of Californians living with at least one working family member.
Create a worker benefits model and safety net that meets the upcoming work arrangements of the 21st century.
Raise the standard of quality jobs to address the pre-COVID dilemma regarding the plateau in wage growth despite low unemployment rates.
Ensure jobs are “future-proofed” in anticipation of economic shocks that could be related to technological or climate-related transformations.

The report also proposes several initiatives, which include:

Creating one million jobs that accelerate the deployment of clean energy.
Expanding opportunities for small businesses and entrepreneurs through education and training programs and procurement.
Extending employment social enterprises to groups who face high barriers to work.
Calling on the federal government to follow suit and enact a “Job Guarantee” that incentivizes private-sector job creation.

Meanwhile, California state government has adapted to the pandemic by implementing a telework policy across most agencies. Gov. Newsom has called for telework to be permanent cost-savings and efficiency measure. A new statewide comprehensive telework policy has been developed, according to this year’s state budget proposal, and will presumably be announced.

Can California get ahead of IT project failures?

February 18, 2021 by Will Keys

California government is trying to get ahead of state IT project failures, said Chief Information Officer Amy Tong last week at a budget hearing.

Answering questions from Assemblymember David Chiu, a frequent and vocal critic of failed state IT projects such as recent examples at the EDD and DMV, Tong made her case for more resources and oversight authority.

“Just like you [Chiu] described, we are in many times our operating like an ER doctor is because the fact that on a day to day basis, each of the departments, and there are 130 plus state entities, each one of them has their own IT shop, and each one of them has their IT budget and makes IT project investment decisions, with the exception, the ones that are over a certain threshold, which is what you see in the overall IT project tracking list,” said Tong.

The Newsom Administration is requesting 17 additional positions and $11.4 M in 2021-22, $9,4 M in 2022-23, and $6.4 M ongoing to “invest in proactive measures to stabilize critical services and enhance performance statewide, particularly in light of the challenges faced during COVID-19.”

“If we can actually have more visibility to the database expenditure, the decision-making, and be more embedded with the department, we can be more into what I call preventive care as opposed to emergency responsive care in terms of the health of the IT investment at the particular program department,” Tong continued.

The budget proposal is part of a plan laid out in CDT’s “Vision 2023,” California’s technology strategic plan released on Jan. 15, which offers key goals that include delivering easy-to-use and inclusive public services and creating “challenge teams” to begin work early in 2021.

“I absolutely support your budget request,” Chiu said. “I actually think the state would be better served if we did a better job of centralizing the thought process, the strategy, [and] budget oversight within your department.”

Generally supportive of the budget proposal, the Legislative Analyst’s Office (LAO) expressed concerns over a lack of key details such as the length and scope of deep-dive service assessments, the transition from short-term crisis management to long-term IT project planning, and reporting mechanism to the Legislature and other stakeholders.

New CHHS unit seeks to leverage people-related data across the state

February 8, 2021 by Will Keys

With a mission to deliver health and human services, the state’s largest agency has created a new unit to use its vast amount of data with more efficiency and sophistication.

The Health and Human Services Agency (CHHS) is proposing to fund a new program called the Center for Data Insights and Innovations (CDII), according to a budget change proposal (BCP) submitted to the Legislature on Jan. 10.

In a blog post announcing the establishment of the CDII, Director John Ohanion said that one of the department’s key principles is to “put the person back in person-centered” and to “see the whole person.”

The purpose of establishing CDII is to leverage data in a way that improves program delivery through four main objectives: institutionalizing and leveraging analytics, using in-house data intelligence to cut outsourcing costs, optimizing department success, and serving as a model for analytical excellence.

CHHS argues in the BCP that data has not yet been fully utilized in an agency that affects the public health and welfare of all Californians, and more robust use of data and analytics within CDII would allow the agency to increase efficiency and optimize the use of resources, reach underserved populations, and address socioeconomic health disparities.

“Together, we must act as one government, breaking down silos and building a culture that focuses on delivering services that are person-centered and not program-centered,” Ohanion continued.

The role of data is key in shaping policy and the COVID-19 response, according to the post. Data from the Department of Public Health and the Department of Health Care Services was utilized to identify COVID-19 risk factors along with demographic, socioeconomic, and geographic lines.

According to the BCP, CDII will be cost-neutral, redirecting positions and funding within CHHS, California’s largest agency.

Image by Alexander Sinn on Unsplash

‘My Turn’ site launched to track vaccine eligibility

January 28, 2021 by Will Keys

The State of California has launched a new data system that will inform citizens when they are eligible and how to schedule an appointment to receive the COVID-19 vaccine.

The new system, called ‘My Turn,’ helps Californians track vaccination data and sign up for notifications to know when and where they can get their first and second shots,” according to an announcement from the Newsom Administration.

The site was launched in partnership with Salesforce, according to a tweet from CEO Marc Benioff. “Millions of Californians will turn to Salesforce’s ‘My Turn’ a new site for Covid-19 vaccinations that will allow residents to learn when they are eligible & find a place to make an appointment,” said Benioff.

In addition to Salesforce, technology companies Skedulo and Accenture are part of the site’s development and implementation, according to an announcement from Newsom’s office. The site is being piloted in Los Angeles and San Diego counties and will be available statewide in early February.

Californians can visit www.myturn.ca.gov to learn more.

Image: by CDC on Unsplash

Little Hoover Commission Pushes for Sharing of Healthcare Records

January 5, 2021 by Will Keys

The sharing of data and records between California healthcare providers has grown in the last decade, but there’s still plenty of work to be done, says the state’s Little Hoover Commission.

Despite the growth of programs that incentivize and fund the sharing of records among health care providers, the Little Hoover Commission found that just 26 percent of Medi-Cal providers are connected to one of eight qualified Health Information Organizations (HIO), which securely share data and records.

Since 2011, programs like the California Technical Assistance Program and Medi-Cal Promoting Interoperability Program have poured over $1 billion in state and federal funds into helping Medi-Cal professionals purchase, install, and use electronic records.

California has also dedicated $50 million in state funds to the California Health Information Exchange Onboarding Program (Cal-HOP), which aims to increase the number of Medi-Cal providers exchanging data, bolster data-exchanging capabilities for Medi-Cal providers that already participate in HIOs, and provide access to Controlled Substance Utilization Review and Evaluation System (CURES) prescription drug monitoring database.

In addition to increasing access to healthcare records, the Little Hoover Commission urged policymakers to follow through on customer service recommendations it made in 2015 to expand and improve delivery platforms. Read

Report: 2.3 Million Californians Lack High-Speed Internet

December 4, 2020 by Will Keys

Although the COVID-19 pandemic has transformed internet access into a must for workers and students across the state, the Little Hoover Commission has found in their issue brief that 2.3 million Californians lack access to high-speed internet.

The Little Hoover Commission found that while California offers accessible, low-cost broadband coverage, its speed is considered much slower than in other states. Americans on the whole pay more for slower speeds compared to their foreign counterparts, which the Commission attributed to a lack of competition among internet service providers.

Without offering specific policy suggestions to correct what they call the “digital divide,” the Commission concluded that weakened or no internet connectivity is barring Californians from opportunities in education, work, as well as accessing government resources and services.

Solutions could include California municipalities starting more fiber broadband networks in the state to compete with traditional internet service providers, using either a public or public-private model. Such initiatives have proven successful in Santa Monica, but have failed in San Francisco and Los Angeles.

California outlines future of artificial intelligence

November 23, 2020 by Will Keys

The State of California has taken initial steps to consider how artificial intelligence will play an inevitable role in delivering services to the people of the Golden State.

Legislation passed in 2019 called for California to work with stakeholders and develop guidelines by January 2021.

At a recent vendor forum by the California Department of Technology, Chief of Statewide Technology Policy CDT Pam Haase gave an update on the department’s initiative, which began earlier in the year but was slowed down considerably by constraints caused by the COVID-19 pandemic.

Haase laid out three broad objectives regarding the implementation of AI to state departments, each of which has a varying level of understanding and experience with AI technology.

Those objectives include:

Demonstrating how AI can improve delivery and digital services. CDT has partnered with the CITRIS Policy Lab to study industry use of AI and produce a report that outlines basic recommendations for AI adoption within state government.

Providing guidelines for the ethical and responsible use of AI. CDT wants to establish trust from the public in their ability to implement AI in an ethical manner.
Providing a practical approach to implementing AI. This includes creating an AI vendor pool, training for both the business and technical side of procuring and implementing the new technology.

Haase also noted that she expects a concrete policy framework regarding the use of AI to become available by the spring of 2021 following input from the public via a listening session.

In an effort to cater to varying needs statewide, Haase stressed that AI will provide value to any and all departments regardless of their awareness and experience level with the technology.

“The deliverables are going to provide something of value to everyone no matter where you’re at, whether you’re brand new to AI, or whether your department is already currently using it,” Haase said.

Further, according to CDT’s Chief Technology Innovation Officer Manveer Bola, who also spoke at the forum, one of the major priorities regarding the implementation of AI technology is to tailor digital services to meet “specific user needs.”

Part of that includes using AI to promote web diversity by quickly and accurately translating websites as well as providing customer service mimicking a one-on-one chat with an employee.

Another goal Bola mentioned was to use AI to gather COVID response surveys, even reading into them further than one would expect from AI.

“We’re looking at AI to try to help us boil down those responses into much more meaningful output that we can consume easier, maybe even measuring sentiment,” Bola said.

CWS-CARES Project Director Leaving State Service

October 12, 2020 by Will Keys

Rebecca Stilling, the project director for California’s Child Welfare Services-California Automated Response and Engagement System (CWS-CARES) will be leaving state service this week, according to an email distributed to project staff.

She will be on the job until Oct. 15, she said. Office of System Integrations Deputy Director Cynthia Tocher will step into the role as acting project director.

“Together we have dedicated the two and a half years of my tenure as Project Director to prepare for the development of CWS-CARES. Our accomplishments are too many to list here but I’d like each of you to know that we can be proud of our research, planning, and preparations because our work together was done with excellence, commitment, integrity and teamwork,” said the email.

Earlier this year the CWS-CARES project was downgraded to a “red” rating by an Independent Project Oversight Reporting (IPOR) assessment by the California Department of Technology (CDT), according to project reports posted online.

The project, which was initially approved in July 2013 with a budget of $420 million, was downgraded from yellow to red following an option that approved several adjustments in scope at a contentious project Board of Directors meeting on July 9.

A new Special Project Report 4 was due on July 20, 2020, has not been posted online.

Will Keys

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