NY A08369

Prohibits insurers from using external consumer data sources (credit scores, social media, purchasing habits, education, occupation) and algorithms/predictive models that unfairly discriminate based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression.

Requires the superintendent of insurance to adopt rules establishing testing methods for insurers to demonstrate their external data sources and algorithms do not unfairly discriminate, with separate rulemaking for different insurance types through stakeholder engagement.

Mandates insurers provide the superintendent with information about external data sources used, explain their implementation, establish risk management frameworks to detect discrimination, and provide officer attestations of continuous compliance.

Exempts title insurance, surety bonds, and most commercial insurance policies; applies to business owners' and commercial general liability policies with annual premiums of $10,000 or less.

Protects insurer submissions as confidential trade secrets not subject to public disclosure or discovery, though the superintendent may use them for regulatory action and publish aggregated or de-identified data; takes effect 180 days after enactment.