All instruments Act Colorado: Colorado SB 21-169: Restrict Insurers' Use of External Consumer Data and Information Sources No summary is recorded for this instrument. Adopted Not yet reviewed English Open the source (opens in a new tab) Suggest a correction Details Full text Details Identity Title Colorado SB 21-169: Restrict Insurers' Use of External Consumer Data and Information Sources Original title Not recorded Instrument ID us-co-cs2aixx-2021 Type Act Status Adopted Jurisdiction and publisher Jurisdiction Colorado Publisher Colorado General Assembly Language English Dates and versions Date Not recorded Versions Enacted · Not recorded Classification Policy areas Not recorded Source Source URL https://leg.colorado.gov/bill_files/54604/download Retrieved August 29, 2026 License Unknown. Follow the publisher’s terms. Access note Not recorded Full text 14,780 characters Original text, English · 14,780 characters in 1 part Load the full text Download as .txt Outline (112 headings) SENATE BILL 21-169 CONCERNING PROTECTING CONSUMERS FROM UNFAIR DISCRIMINATION IN PAGE 2-SENATE BILL 21-169 ETHNIC ORIGIN, RELIGION, SEX, SEXUAL ORIENTATION, DISABILITY, GENDER EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, AS WELL AS ANY ALGORITHMS OR PREDICTIVE MODELS THAT USE EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, IN A WAY THAT UNFAIRLY DISCRIMINATES SEXUAL ORIENTATION, DISABILITY, GENDER IDENTITY, OR GENDER PRIOR TO THE ADOPTION OF RULES FOR ANY TYPE OF INSURANCE THAT INCLUDES CARRIERS, PRODUCERS, CONSUMER REPRESENTATIVES, AND OTHER MEETINGS FOR STAKEHOLDERS OF DIFFERENT TYPES OF INSURANCE TO ENSURE SUFFICIENT OPPORTUNITY TO CONSIDER FACTORS AND PROCESSES SUBSECTION (2) OF THIS SECTION, THE COMMISSIONER SHALL ADOPT RULES FOR SPECIFIC TYPES OF INSURANCE, BY INSURANCE PRACTICE, WHICH RULES ESTABLISH MEANS BY WHICH AN INSURER MAY DEMONSTRATE, TO THE EXTENT PRACTICABLE, THAT IT HAS TESTED WHETHER ITS USE OF EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, AS WELL AS ALGORITHMS OR PREDICTIVE MODELS USING EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, UNFAIRLY DISCRIMINATES BASED ON RACE, COLOR, NATIONAL OR EFFECTIVE UNTIL JANUARY 1, 2023, AT THE EARLIEST, FOR ANY TYPE OF PAGE 3-SENATE BILL 21-169 (I) PROVIDE INFORMATION TO THE COMMISSIONER CONCERNING THE EXTERNAL CONSUMER DATA AND INFORMATION SOURCES USED BY THE INSURER IN THE DEVELOPMENT AND IMPLEMENTATION OF ALGORITHMS AND PREDICTIVE MODELS FOR A PARTICULAR TYPE OF INSURANCE AND (II) PROVIDE AN EXPLANATION OF THE MANNER IN WHICH THE INSURER USES EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, AS WELL AS ALGORITHMS AND PREDICTIVE MODELS USING EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, FOR THE PARTICULAR TYPE (III) ESTABLISH AND MAINTAIN A RISK MANAGEMENT FRAMEWORK OR SIMILAR PROCESSES OR PROCEDURES THAT ARE REASONABLY DESIGNED TO DETERMINE, TO THE EXTENT PRACTICABLE, WHETHER THE INSURER'S USE OF EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, AS WELL AS ALGORITHMS AND PREDICTIVE MODELS USING EXTERNAL CONSUMER DATA (IV) PROVIDE AN ASSESSMENT OF THE RESULTS OF THE RISK MANAGEMENT FRAMEWORK OR SIMILAR PROCESSES OR PROCEDURES AND (V) PROVIDE AN ATTESTATION BY ONE OR MORE OFFICERS THAT THE INSURER HAS IMPLEMENTED THE RISK MANAGEMENT FRAMEWORK OR SIMILAR PROCESSES OR PROCEDURES APPROPRIATELY ON A CONTINUOUS (I) A REASONABLE PERIOD OF TIME FOR INSURERS TO REMEDY ANY UNFAIRLY DISCRIMINATORY IMPACT IN AN ALGORITHM OR PREDICTIVE PAGE 4-SENATE BILL 21-169 (II) THE ABILITY OF INSURERS TO USE EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, AS WELL AS ALGORITHMS OR PREDICTIVE THAT HAVE BEEN PREVIOUSLY ASSESSED BY THE DIVISION AND FOUND NOT POSSESSION OR CONTROL OF THE DIVISION THAT ARE OBTAINED BY, CREATED BY, OR DISCLOSED TO THE COMMISSIONER OR ANY OTHER PERSON PURSUANT TO THIS SECTION OR ANY RULES ADOPTED PURSUANT TO THIS SECTION ARE DOCUMENTS, MATERIALS, AND OTHER INFORMATION ARE CONFIDENTIAL AND RECORDS, FREEDOM OF INFORMATION, SUNSHINE, OR SIMILAR LAW OF THIS HOWEVER, THE COMMISSIONER MAY USE THE DOCUMENTS, MATERIALS, OR OTHER INFORMATION IN THE FURTHERANCE OF ANY REGULATORY OR LEGAL OR OTHER INFORMATION PUBLIC WITHOUT THE PRIOR WRITTEN CONSENT OF THE INSURER FROM WHICH THE DOCUMENTS, MATERIALS, OR OTHER PUBLICLY AVAILABLE IN AN AGGREGATED OR DE-IDENTIFIED FORMAT IN A (4) PURSUANT TO SECTION 10-3-1106, THE COMMISSIONER MAY EXAMINE AND INVESTIGATE AN INSURER'S USE OF AN EXTERNAL CONSUMER DATA AND INFORMATION SOURCE, ALGORITHM, OR PREDICTIVE MODEL IN COMMISSIONER AND THE DIVISION IN ANY EXAMINATION OR INVESTIGATION REGULATORY AGENCIES TO THE LEGISLATIVE COMMITTEES OF REFERENCE PURSUANT TO PART 2 OF ARTICLE 7 OF TITLE 2, THE DIVISION SHALL PAGE 5-SENATE BILL 21-169 (I) INFORMATION CONCERNING ANY RULES ADOPTED PURSUANT TO (II) INFORMATION CONCERNING ANY CHANGES IN INSURANCE RATES THAT HAVE RESULTED FROM THE PROHIBITIONS DESCRIBED IN SUBSECTION (III) A SUMMARY OF THE STAKEHOLDER ENGAGEMENT PROCESS (IV) A DESCRIPTION OF DATA SOURCES, IF ANY, DISCUSSED DURING THE STAKEHOLDER ENGAGEMENT PROCESS, WHICH DATA SOURCES INSURERS (6) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE THAT THIS SECTION DOES APPLY TO INSURERS THAT ISSUE BUSINESS OWNERS POLICIES OR COMMERCIAL GENERAL LIABILITY POLICIES, WHICH BUSINESS OWNERS' POLICIES OR COMMERCIAL GENERAL LIABILITY POLICIES HAVE SEX, SEXUAL ORIENTATION, DISABILITY, GENDER IDENTITY, OR GENDER (I) PROHIBIT THE USE OF, OR REQUIRE LIFE, ANNUITY, LONG-TERM PAGE 6-SENATE BILL 21-169 OCCUPATIONAL, DISABILITY, OR BEHAVIORAL INFORMATION RELATED TO A SPECIFIC INDIVIDUAL, WHICH INFORMATION, BASED ON ACTUARIALLY SOUND PRINCIPLES, HAS A DIRECT RELATIONSHIP TO MORTALITY, MORBIDITY, OR LONGEVITY RISK UNLESS SUCH INFORMATION IS OTHERWISE INCLUDED IN THE TESTING OF AN ALGORITHM OR PREDICTIVE MODEL THAT ALSO USES (II) PROHIBIT THE USE OF, OR REQUIRE LIFE, ANNUITY, LONG-TERM CARE, OR DISABILITY INSURERS TO TEST, TRADITIONAL UNDERWRITING FACTORS BEING USED FOR THE EXCLUSIVE PURPOSE OF DETERMINING INSURABLE INTEREST OR ELIGIBILITY FOR COVERAGE UNLESS SUCH FACTORS ARE OTHERWISE INCLUDED IN THE TESTING OF AN ALGORITHM OR PREDICTIVE MODEL THAT ALSO USES EXTERNAL CONSUMER DATA AND (IV) PROHIBIT THE USE OF OR REQUIRE THE TESTING OF LONGSTANDING AND WELL-ESTABLISHED COMMON INDUSTRY PRACTICES IN SETTLING CLAIMS OR TRADITIONAL UNDERWRITING PRACTICES UNLESS SUCH PRACTICES OR FACTORS ARE OTHERWISE INCLUDED IN THE TESTING OF AN ALGORITHM OR PREDICTIVE MODEL THAT ALSO USES EXTERNAL CONSUMER (8) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE PROCESS THAT INFORMS HUMAN DECISION MAKING IN INSURANCE MEANS A DATA OR AN INFORMATION SOURCE THAT IS USED BY AN INSURER TO SUPPLEMENT TRADITIONAL UNDERWRITING OR OTHER INSURANCE PRACTICES OR TO ESTABLISH LIFESTYLE INDICATORS THAT ARE USED IN PAGE 7-SENATE BILL 21-169 (II) THE COMMISSIONER MAY PROMULGATE RULES TO FURTHER MATHEMATICAL AND COMPUTATIONAL METHODS THAT EXAMINE CURRENT AND HISTORICAL DATA SETS FOR UNDERLYING PATTERNS AND CALCULATE INCLUDE THE USE OF ONE OR MORE EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, AS WELL AS ALGORITHMS OR PREDICTIVE MODELS USING EXTERNAL CONSUMER DATA AND INFORMATION SOURCES, THAT HAVE EXPRESSION, AND THAT USE RESULTS IN A DISPROPORTIONATELY NEGATIVE OUTCOME FOR SUCH CLASSIFICATION OR CLASSIFICATIONS, WHICH NEGATIVE OUTCOME EXCEEDS THE REASONABLE CORRELATION TO THE UNDERLYING PAGE 8-SENATE BILL 21-169 PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES SECRETARY OF CHIEF CLERK OF T USE G RN R OF T STATE OF COLORADO PAGE 9-SENATE BILL 21-169 The outline comes from headings detected in the text, so it might miss some or include extras. 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