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1. AUTOMATED DECISION-MAKING. (A) WHENEVER A CONTROLLER MAKES AN AUTO-
MATED DECISION INVOLVING SOLELY AUTOMATED PROCESSING THAT MATERIALLY
CONTRIBUTES TO A DENIAL OF FINANCIAL OR LENDING SERVICES, HOUSING,
PUBLIC ACCOMMODATION, INSURANCE, HEALTH CARE SERVICES, OR ACCESS TO
BASIC NECESSITIES, SUCH AS FOOD AND WATER, THE CONTROLLER MUST:
(I) DISCLOSE IN A CLEAR, CONSPICUOUS, AND CONSUMER-FRIENDLY MANNER
THAT THE DECISION WAS MADE BY A SOLELY AUTOMATED PROCESS;
(II) PROVIDE AN AVENUE FOR THE AFFECTED CONSUMER TO APPEAL THE DECI-
SION, WHICH MUST AT MINIMUM ALLOW THE AFFECTED CONSUMER TO (A) FORMALLY
CONTEST THE DECISION, (B) PROVIDE INFORMATION TO SUPPORT THEIR POSITION,
AND (C) OBTAIN MEANINGFUL HUMAN REVIEW OF THE DECISION; AND
(III) EXPLAIN THE PROCESS TO APPEAL THE DECISION.
(B) A CONTROLLER MUST RESPOND TO A CONSUMER'S APPEAL WITHIN FORTY-FIVE
DAYS OF RECEIPT OF THE APPEAL. THAT PERIOD MAY BE EXTENDED ONCE BY
FORTY-FIVE ADDITIONAL DAYS WHERE REASONABLY NECESSARY, TAKING INTO
ACCOUNT THE COMPLEXITY AND NUMBER OF APPEALS. THE CONTROLLER MUST INFORM
THE CONSUMER OF ANY SUCH EXTENSION WITHIN FORTY-FIVE DAYS OF RECEIPT OF
THE APPEAL, TOGETHER WITH THE REASONS FOR THE DELAY.
(C) (I) A CONTROLLER OR PROCESSOR ENGAGED IN AUTOMATED DECISION-MAKING
AFFECTING FINANCIAL OR LENDING SERVICES, HOUSING, PUBLIC ACCOMMODATION,
INSURANCE, EDUCATION ENROLLMENT, EMPLOYMENT, HEALTH CARE SERVICES, OR
ACCESS TO BASIC NECESSITIES, SUCH AS FOOD AND WATER, OR ENGAGED IN
ASSISTING OTHERS IN AUTOMATED DECISION-MAKING IN THOSE FIELDS, MUST
ANNUALLY CONDUCT AN IMPACT ASSESSMENT OF SUCH AUTOMATED DECISION-MAKING
THAT:
(A) DESCRIBES AND EVALUATES THE OBJECTIVES AND DEVELOPMENT OF THE
AUTOMATED DECISION-MAKING PROCESSES INCLUDING THE DESIGN AND TRAINING
DATA USED TO DEVELOP THE AUTOMATED DECISION-MAKING PROCESS, HOW THE
AUTOMATED DECISION-MAKING PROCESS WAS TESTED FOR ACCURACY, FAIRNESS,
BIAS AND DISCRIMINATION; AND
(B) ASSESSES WHETHER THE AUTOMATED DECISION-MAKING SYSTEM PRODUCES
DISCRIMINATORY RESULTS ON THE BASIS OF A CONSUMER'S OR CLASS OF CONSUM-
ERS' ACTUAL OR PERCEIVED RACE, COLOR, ETHNICITY, RELIGION, NATIONAL
ORIGIN, SEX, GENDER, GENDER IDENTITY, SEXUAL ORIENTATION, FAMILIAL
STATUS, BIOMETRIC INFORMATION, LAWFUL SOURCE OF INCOME, OR DISABILITY.
(II) A CONTROLLER OR PROCESSOR MUST UTILIZE AN EXTERNAL, INDEPENDENT
AUDITOR OR RESEARCHER TO CONDUCT SUCH ASSESSMENTS.
(III) A CONTROLLER OR PROCESSOR MUST MAKE PUBLICLY AVAILABLE IN A
MANNER ACCESSIBLE ONLINE ALL IMPACT ASSESSMENTS PREPARED PURSUANT TO
THIS SECTION, RETAIN ALL SUCH IMPACT ASSESSMENTS FOR AT LEAST SIX YEARS,
AND MAKE ANY SUCH RETAINED IMPACT ASSESSMENTS AVAILABLE TO ANY STATE,
FEDERAL, OR LOCAL GOVERNMENT AUTHORITY UPON REQUEST.
(IV) FOR PURPOSES OF THIS PARAGRAPH, THE LIMITATIONS TO JURISDICTIONAL
SCOPE SET FORTH IN PARAGRAPHS (B) AND (C) OF SUBDIVISION TWO OF SECTION
ELEVEN HUNDRED ONE OF THIS ARTICLE SHALL NOT APPLY.