New York government agencies are using artificial intelligence with insufficient guidance, creating risks the technology can be used irresponsibly, state Comptroller Tom DiNapoli says in an audit released Thursday.  

While the state has implemented AI systems, safety guardrails for the technologies are not keeping pace, DiNapoli says in the audit, which focused on the state’s AI policy and how AI was used at the state the Office for the Aging, and departments of Corrections and Community Supervision, Motor Vehicles and Transportation Department.

Stronger governance over the state’s growing use of AI is needed to protect the state from risks, such as data reaching unintended sources, DiNapoli said.

“New York state agencies are using AI to monitor prisoners’ phone calls, catch fraudulent driver’s license applications, assist older adults, and support government services,” DiNapoli said in a statement. “Our audit found insufficient central guidance and oversight to check that these systems are reliable and accurate, and no inventory of what AI the state is using. This audit is a wake-up call." 

The audit follows a 2023 audit of New York City’s AI governance.

Governed by the Office of Information Technology Services (ITS), the state’s AI policy lacks detailed guidance on implementation and contains only two sentences dedicated to bias management, DiNapoli said. More than a year after releasing the policy, ITS does not have an inventory of AI systems in use by state entities, he said.

"A major problem with the AI Policy is that it leaves agencies free to determine what is, or is not, responsible use of AI," DiNapoli said.

The audit recommends ITS strengthen its AI policy by including guidance for agencies on adopting AI and implementing training, and it calls on the DMV to review its facial recognition system with ITS to determine if it’s complying with state policy.

DiNapoli said he will be advancing a bill to the state Legislature that would require regular, independent audits of state agencies' AI governance and their development and use.