Law / United States / 
North Dakota
North Dakota Information Technology Artificial Intelligence Policy (state agency use of artificial intelligence)
North Dakota Information Technology Artificial Intelligence Policy, ss. 7.1 to 7.6
In force since .
An AI governance rule binding government bodies.
- Obligation class
- Governance, Disclosure
- Audit expectation
- none
What it requires
- If you are a North Dakota executive branch state agency, be transparent about AI technologies and their outputs: disclose where citizens are interacting with AI, the outcome or impact where applicable, and the business purposes where AI is used (section 7.2).
- Where you use medium to high-risk data under the Data Classification Policy, clearly mark the systems and processes that employ AI for decision-making or output generation; whether to inform end-users that AI is used is left to the business process owner (section 7.2).
- Do not input content that contains moderate-risk or high-risk data into public, non-state managed AI or machine learning services such as ChatGPT; low-risk, publicly available data is permitted (section 7.4).
- Use only AI technologies that NDIT has vetted, including free software services, through its Initiative Intake processes (section 7.4.2).
- Ensure AI used within your systems is securely developed, assessed for risk and monitored regularly, and that a governance structure controls and monitors agentic AI development and activity (section 7.3).
- Confirm the validity and reliability of the output that AI technologies produce (section 7.1).
- Provide role-based training for team members on the specific AI technologies used for your business purposes (section 7.4.1).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The Policy requires NDIT to maintain an inventory list of AI technologies and requires regular monitoring and risk assessment. It does not require a log, record or audit trail of any use of AI.
- Kind
- None
- As of
What this law does
Section 54-59-09 of the North Dakota Century Code requires each executive branch state agency and institution, excluding the institutions under the control of the board of higher education, to comply with the policies and standards developed by the information technology department and the office of management and budget unless the chief information officer exempts the agency.
The Artificial Intelligence Policy applies to all North Dakota executive branch state agencies including the University Systems Office, but excludes other higher education institutions such as campuses and agricultural and research centers. The Policy states that the North Dakota Chief Information Officer directs that information technology policy be created as defined within chapter 54-59-09 of the North Dakota Century Code. The Policy takes effect upon publication.
The revision history of the Policy records version 1.0 as published on . Entities must be transparent about AI technologies and their outputs, disclosing where citizens are interacting with AI, the outcome or impact where applicable, and the business purposes where AI is used.
Where medium or high-risk data under the Data Classification Policy is used, entities must ensure that systems and processes employing AI for decision-making or output generation are clearly marked, while the decision to inform end-users about the use of AI falls under the discretion of the business process owner.
Users must not input content containing moderate-risk or high-risk data into public, non-state managed AI or machine learning services such as ChatGPT, and low-risk data that is publicly available is permitted for use with those services. All AI technologies must be vetted by NDIT, including free software services, and NDIT maintains an AI technology inventory list. Entities must ensure that AI used within systems is securely developed, assessed for risk, and monitored regularly.
AI technologies must be ethical, fair, and unbiased in a manner that is not discriminatory. Use of AI technology is subject to the open records law cited in the Policy as North Dakota Century Code section 44-04-18.
When LexLint raises it
When your app profile says your app generates content with AI.
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