As used in this article: 1. "Collection of personal dataCollection of personal data"Collection of personal data" means buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring an individual's data by any means.Civ. Rights Law § 101(1)" means buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13)'s data by any means. 2. "Commercial actCommercial act"Commercial act", with respect to a covered algorithm, means an act conducted for monetary or other valuable consideration, including conducting an activity in furtherance of obtaining such consideration.Civ. Rights Law § 101(2)", with respect to a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), means an act conducted for monetary or other valuable consideration, including conducting an activity in furtherance of obtaining such consideration. 3. "Consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3)" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processesProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15) for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodationPublic accommodation(a) "Public accommodation" means: (i) a business that offers goods or services to the general public, regardless of whether the business is operated for profit or operates from a physical facility; (ii) a park, road, or pedestrian pathway open to the general public; (iii) a means of public transportation; or (iv) a publicly owned or operated facility open to the general public. (b) The term "public accommodation" does not include a private club or establishment, any private club or other establishment not in fact open to the public, as described in section 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).Civ. Rights Law § 101(17); and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13)'s life as determined by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) through rules. 4. "Covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4)" means: (a) a computational processProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15) derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3): (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3); (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3); (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational processProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15) deemed appropriate by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) through rules. 5. "Covered languageCovered language"Covered language" means the ten languages with the most speakers in the state, according to the most recent data collected by the United States Census Bureau.Civ. Rights Law § 101(5)" means the ten languages with the most speakers in the state, according to the most recent data collected by the United States Census Bureau; 6. "De-identified dataDe-identified data"De-identified data" means information: (a) that does not identify and is not linked or reasonably linkable to an individual or a device, regardless of whether the information is aggregated; and (b) with respect to which any developer or deployer using such information: (i) takes reasonable technical measures to ensure that the information cannot, at any point, be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual; (ii) publicly commits in a clear and conspicuous manner: (A) to process and transfer the information solely in a de-identified form without any reasonable means for re-identification; and (B) to not attempt to re-identify the information with any individual or device that identifies or is linked or reasonably linkable to an individual; and (C) contractually obligates any person that receives the information from the developer or deployer to comply with all of the provisions of this paragraph with respect to such information; and to require that such contractual obligations be included in all subsequent instances for which the information may be received.Civ. Rights Law § 101(6)" means information: (a) that does not identify and is not linked or reasonably linkable to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or a device, regardless of whether the information is aggregated; and (b) with respect to which any developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) using such information: (i) takes reasonable technical measures to ensure that the information cannot, at any point, be used to re-identify any individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or device that identifies or is linked or reasonably linkable to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13); (ii) publicly commits in a clear and conspicuous manner: (A) to processProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15) and transferTransfer"Transfer", with respect to personal data, means to disclose, release, disseminate, make available, license, rent, or share such data orally, in writing, electronically, or by any other means.Civ. Rights Law § 101(18) the information solely in a de-identified form without any reasonable means for re-identification; and (B) to not attempt to re-identify the information with any individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or device that identifies or is linked or reasonably linkable to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13); and (C) contractually obligates any person that receives the information from the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to comply with all of the provisions of this paragraph with respect to such information; and to require that such contractual obligations be included in all subsequent instances for which the information may be received. 7. "DeployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)" means any person that uses a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) for a commercial actCommercial act"Commercial act", with respect to a covered algorithm, means an act conducted for monetary or other valuable consideration, including conducting an activity in furtherance of obtaining such consideration.Civ. Rights Law § 101(2). The terms "deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)" and "developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)" shall not be interpreted to be mutually exclusive. 8. (a) "DeveloperDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) for such person's own use, or use by a third party, in connection with a commercial actCommercial act"Commercial act", with respect to a covered algorithm, means an act conducted for monetary or other valuable consideration, including conducting an activity in furtherance of obtaining such consideration.Civ. Rights Law § 101(2), or for use by a government entity. (b) In the event that a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) uses an algorithm as a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall be considered the developer of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) for the purposes of this article. (c) The terms "deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)" and "developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)" shall not be interpreted to be mutually exclusive. 9. (a) "Disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9)" means an unjustified differential effect on an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or group of individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) on the basis of an actual or perceived protected characteristicProtected characteristic"Protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (a) race; (b) color; (c) ethnicity; (d) national origin, nationality, or immigration status; (e) religion; (f) sex, including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits; (g) disability; (h) limited English proficiency; (i) biometric information; (j) familial or marital status; (k) source of income; (l) income level, not including the ability to pay for a specific good or service being offered; (m) age; (n) veteran status; (o) genetic information or medical conditions; and/or (p) any other classification protected by federal or New York state law.Civ. Rights Law § 101(16). An action, a policy, or a practice of a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7), a differential effect is unjustified if: (i) the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) causes or contributes to a differential effect, the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) proves that the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is separable by a preponderance of the evidence. 10. "DivisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10)" means the division of consumer protection. 11. "HarmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11)", with respect to a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3), means a non-de minimis adverse effect on an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or group of individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13): (a) on the basis of a protected characteristicProtected characteristic"Protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (a) race; (b) color; (c) ethnicity; (d) national origin, nationality, or immigration status; (e) religion; (f) sex, including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits; (g) disability; (h) limited English proficiency; (i) biometric information; (j) familial or marital status; (k) source of income; (l) income level, not including the ability to pay for a specific good or service being offered; (m) age; (n) veteran status; (o) genetic information or medical conditions; and/or (p) any other classification protected by federal or New York state law.Civ. Rights Law § 101(16); (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York. 12. (a) "Independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12)" means an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) that conducts a pre-deployment evaluation or impact assessment of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) is not an independent auditor of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) if such individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13): (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) for a commercial actCommercial act"Commercial act", with respect to a covered algorithm, means an act conducted for monetary or other valuable consideration, including conducting an activity in furtherance of obtaining such consideration.Civ. Rights Law § 101(2); (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) that uses, offers, or licenses the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) that uses, offers, or licenses a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), not including routine payment for the auditing services described in subparagraph (i) of this paragraph. 13. "IndividualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13)" means a natural person in the state. 14. "Personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14)" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13)'s device; and shall include derived data and unique persistent identifiers. The term "personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14)" does not include de-identified dataDe-identified data"De-identified data" means information: (a) that does not identify and is not linked or reasonably linkable to an individual or a device, regardless of whether the information is aggregated; and (b) with respect to which any developer or deployer using such information: (i) takes reasonable technical measures to ensure that the information cannot, at any point, be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual; (ii) publicly commits in a clear and conspicuous manner: (A) to process and transfer the information solely in a de-identified form without any reasonable means for re-identification; and (B) to not attempt to re-identify the information with any individual or device that identifies or is linked or reasonably linkable to an individual; and (C) contractually obligates any person that receives the information from the developer or deployer to comply with all of the provisions of this paragraph with respect to such information; and to require that such contractual obligations be included in all subsequent instances for which the information may be received.Civ. Rights Law § 101(6). 15. "ProcessProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15)", with respect to personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14), means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data. 16. "Protected characteristicProtected characteristic"Protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (a) race; (b) color; (c) ethnicity; (d) national origin, nationality, or immigration status; (e) religion; (f) sex, including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits; (g) disability; (h) limited English proficiency; (i) biometric information; (j) familial or marital status; (k) source of income; (l) income level, not including the ability to pay for a specific good or service being offered; (m) age; (n) veteran status; (o) genetic information or medical conditions; and/or (p) any other classification protected by federal or New York state law.Civ. Rights Law § 101(16)" means any of the following actual or perceived traits of an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or group of individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13): (a) race; (b) color; (c) ethnicity; (d) national origin, nationality, or immigration status; (e) religion; (f) sex, including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits; (g) disability; (h) limited English proficiency; (i) biometric information; (j) familial or marital status; (k) source of income; (l) income level, not including the ability to pay for a specific good or service being offered; (m) age; (n) veteran status; (o) genetic information or medical conditions; and/or (p) any other classification protected by federal or New York state law. 17. (a) "Public accommodationPublic accommodation(a) "Public accommodation" means: (i) a business that offers goods or services to the general public, regardless of whether the business is operated for profit or operates from a physical facility; (ii) a park, road, or pedestrian pathway open to the general public; (iii) a means of public transportation; or (iv) a publicly owned or operated facility open to the general public. (b) The term "public accommodation" does not include a private club or establishment, any private club or other establishment not in fact open to the public, as described in section 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).Civ. Rights Law § 101(17)" means: (i) a business that offers goods or services to the general public, regardless of whether the business is operated for profit or operates from a physical facility; (ii) a park, road, or pedestrian pathway open to the general public; (iii) a means of public transportation; or (iv) a publicly owned or operated facility open to the general public. (b) The term "public accommodationPublic accommodation(a) "Public accommodation" means: (i) a business that offers goods or services to the general public, regardless of whether the business is operated for profit or operates from a physical facility; (ii) a park, road, or pedestrian pathway open to the general public; (iii) a means of public transportation; or (iv) a publicly owned or operated facility open to the general public. (b) The term "public accommodation" does not include a private club or establishment, any private club or other establishment not in fact open to the public, as described in section 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).Civ. Rights Law § 101(17)" does not include a private club or establishment, any private club or other establishment not in fact open to the public, as described in section 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)). 18. "TransferTransfer"Transfer", with respect to personal data, means to disclose, release, disseminate, make available, license, rent, or share such data orally, in writing, electronically, or by any other means.Civ. Rights Law § 101(18)", with respect to personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14), means to disclose, release, disseminate, make available, license, rent, or share such data orally, in writing, electronically, or by any other means.

(1) 1 A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall not offer, license, promote, sell, or use a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) in a manner that: (a) causes or contributes to a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in a manner that prevents; (b) otherwise discriminates in a manner that prevents; or (c) otherwise makes unavailable, the equal enjoyment of goods, services, or other activities or opportunities, related to a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3), on the basis of a protected characteristicProtected characteristic"Protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (a) race; (b) color; (c) ethnicity; (d) national origin, nationality, or immigration status; (e) religion; (f) sex, including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits; (g) disability; (h) limited English proficiency; (i) biometric information; (j) familial or marital status; (k) source of income; (l) income level, not including the ability to pay for a specific good or service being offered; (m) age; (n) veteran status; (o) genetic information or medical conditions; and/or (p) any other classification protected by federal or New York state law.Civ. Rights Law § 101(16).

(2) This section shall not apply to: (a) the offer, licensing, or use of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) for the sole purpose of: (i) a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)'s or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s self-testing (or auditing by an independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) at a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)'s or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s request) to identify, prevent, or mitigate discrimination, or otherwise to ensure compliance with obligations, under federal or state law; (ii) expanding an applicant, participant, or customer pool to raise the likelihood of increasing diversity or redressing historic discrimination; or (iii) conducting good faith security research, or other research, if conducting the research is not part or all of a commercial actCommercial act"Commercial act", with respect to a covered algorithm, means an act conducted for monetary or other valuable consideration, including conducting an activity in furtherance of obtaining such consideration.Civ. Rights Law § 101(2); or (b) any private club or other establishment not in fact open to the public, as described in section 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).

(1) 2 Prior to deploying, licensing, or offering a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) (including deploying a material change to a previously-deployed covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) or a material change made prior to deployment) for a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3), a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall conduct a pre-deployment evaluation in accordance with this section.

(2) 2 The developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) shall conduct a preliminary evaluation of the plausibility that any expected use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) may result in a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11). (b) The deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall conduct a preliminary evaluation of the plausibility that any intended use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) may result in a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11). (c) Based on the results of the preliminary evaluation, the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall: (i) in the event that a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) is not plausible, record a finding of no plausible harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11), including a description of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)'s expected use or the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s intended use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), how the preliminary evaluation was conducted, and an explanation for the finding, and submit such record to the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10); and (ii) in the event that a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) is plausible, conduct a full pre-deployment evaluation as described in subdivision three or subdivision four of this section, as applicable. (d) When conducting a preliminary evaluation of a material change to, or new use of, a previously-deployed covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) may limit the scope of the evaluation to whether use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) may result in a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) as a result of the material change or new use.

(3) 3 If a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) determines a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) is plausible during the preliminary evaluation described in subdivision two of this section, the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) shall engage an independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) to conduct a pre-deployment evaluation. The evaluation required by this subdivision shall include a detailed review and description, sufficient for an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) having ordinary skill in the art to understand the functioning, risks, uses, benefits, limitations, and other pertinent attributes of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), including: (i) the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4)'s design and methodology, including the inputs the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is designed to use to produce an output and the outputs the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is designed to produce; (ii) how the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) was created, trained, and tested, including: (A) any metric used to test the performance of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (B) defined benchmarks and goals that correspond to such metrics, including whether there was sufficient representation of demographic groups that are reasonably likely to use or be affected by the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) in the data used to create or train the algorithm, and whether there was reasonable testing, if any, across such demographic groups; (C) the outputs the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) actually produces in testing; (D) a description of any consultation with relevant stakeholders, including any communities that will be impacted by the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), regarding the development of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), or a disclosure that no such consultation occurred; (E) a description of which protected characteristicsProtected characteristic"Protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (a) race; (b) color; (c) ethnicity; (d) national origin, nationality, or immigration status; (e) religion; (f) sex, including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits; (g) disability; (h) limited English proficiency; (i) biometric information; (j) familial or marital status; (k) source of income; (l) income level, not including the ability to pay for a specific good or service being offered; (m) age; (n) veteran status; (o) genetic information or medical conditions; and/or (p) any other classification protected by federal or New York state law.Civ. Rights Law § 101(16), if any, were used for testing and evaluation, and how and why such characteristics were used, including: (1) whether the testing occurred in comparable contextual conditions to the conditions in which the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is expected to be used; and (2) if protected characteristicsProtected characteristic"Protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (a) race; (b) color; (c) ethnicity; (d) national origin, nationality, or immigration status; (e) religion; (f) sex, including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits; (g) disability; (h) limited English proficiency; (i) biometric information; (j) familial or marital status; (k) source of income; (l) income level, not including the ability to pay for a specific good or service being offered; (m) age; (n) veteran status; (o) genetic information or medical conditions; and/or (p) any other classification protected by federal or New York state law.Civ. Rights Law § 101(16) were not available to conduct such testing, a description of alternative methods the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) used to conduct the required assessment; (F) any other computational algorithm incorporated into the development of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), regardless of whether such precursor computational algorithm involves a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3); (G) a description of the data and information used to develop, test, maintain, or update the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), including: (1) each type of personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) used, each source from which the personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) was collected, and how each type of personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) was inferred and processed; (2) the legal authorization for collecting and processing the personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14); and (3) an explanation of how the data (including personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14)) used is representative, proportional, and appropriate to the development and intended uses of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); and (H) a description of the training processProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15) for the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) which includes the training, validation, and test data utilized to confirm the intended outputs; (iii) the potential for the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to produce a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or to have a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities, and a description of such potential harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9); (iv) alternative practices and recommendations to prevent or mitigate harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) and recommendations for how the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) could monitor for harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) after offering, licensing, or deploying the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); and (v) any other information the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) deems pertinent to prevent the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) from causing harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or having a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities, as prescribed by rules promulgated by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10). (b) The independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) shall submit to the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) a report on the evaluation conducted under this subdivision, including the findings and recommendations of such independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12).

(4) 4 If a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) determines a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) is plausible during the preliminary evaluation described in subdivision two of this section, the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall engage an independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) to conduct a pre-deployment evaluation. The evaluation required by this subdivision shall include a detailed review and description, sufficient for an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) having ordinary skill in the art to understand the functioning, risks, uses, benefits, limitations, and other pertinent attributes of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), including: (i) the manner in which the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) makes or contributes to a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) and the purpose for which the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) will be deployed; (ii) the necessity and proportionality of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) in relation to its planned use, including the intended benefits and limitations of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) and a description of the baseline processProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15) being enhanced or replaced by the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), if applicable; (iii) the inputs that the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) plans to use to produce an output, including: (A) the type of personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) and information used and how the personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) and information will be collected, inferred, and processed; (B) the legal authorization for collecting and processing the personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14); and (C) an explanation of how the data used is representative, proportional, and appropriate to the deployment of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (iv) the outputs the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is expected to produce and the outputs the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) actually produces in testing; (v) a description of any additional testing or training completed by the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) for the context in which the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) will be deployed; (vi) a description of any consultation with relevant stakeholders, including any communities that will be impacted by the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), regarding the deployment of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (vii) the potential for the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to produce a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or to have a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities in the context in which the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) will be deployed and a description of such potential harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9); (viii) alternative practices and recommendations to prevent or mitigate harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) in the context in which the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) will be deployed and recommendations for how the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) could monitor for harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) after offering, licensing, or deploying the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); and (ix) any other information the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) deems pertinent to prevent the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) from causing harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or having a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities as prescribed by rules promulgated by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10). (b) The independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) shall submit to the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) a report on the evaluation conducted under this subdivision, including the findings and recommendations of such independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12).

(1) 5 After the deployment of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall, on an annual basis, conduct an impact assessment in accordance with this section. The deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall conduct a preliminary impact assessment of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to identify any harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) that resulted from the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) during the reporting period and: (a) if no resulting harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) is identified by such assessment, shall record a finding of no harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11), including a description of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)'s expected use or the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s intended use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), how the preliminary evaluation was conducted, and an explanation for such finding, and submit such finding to the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10); and (b) if a resulting harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) is identified by such assessment, shall conduct a full impact assessment as described in subdivision two of this section.

(2)–(3) 6 2. In the event that the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) resulted in a harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) during the reporting period, the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall engage an independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) to conduct a full impact assessment with respect to the reporting period, including: (a) an assessment of the harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) that resulted or was reasonably likely to have been produced during the reporting period; (b) a description of the extent to which the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) produced a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities, including the methodology for such evaluation, of how the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) produced or likely produced such disparity; (c) a description of the types of data input into the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) during the reporting period to produce an output, including: (i) documentation of how data input into the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to produce an output is represented and complete descriptions of each field of data; and (ii) whether and to what extent the data input into the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to produce an output was used to train or otherwise modify the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (d) whether and to what extent the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) produced the outputs it was expected to produce; (e) a detailed description of how the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) was used to make a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3); (f) any action taken to prevent or mitigate harmsHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11), including how relevant staff are informed of, trained about, and implement harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) mitigation policies and practices, and recommendations for how the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) could monitor for and prevent harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) after offering, licensing, or deploying the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); and (g) any other information the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) deems pertinent to prevent the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) from causing harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or having a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities as prescribed by rules promulgated by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10). 3. (a) After the engagement of the independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12), the independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) shall submit to the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) a report on the impact assessment conducted under subdivision two of this section, including the findings and recommendations of such independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12). (b) Not later than thirty days after the submission of a report on an impact assessment under this section, a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall submit to the developer of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) a summary of such report, subject to the trade secret and privacy protections described in subdivision six of this section.

(4) 7 A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) shall, on an annual basis, review each impact assessment summary submitted by a deployer of its covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) under subdivision three of this section for the following purposes: (a) to assess how the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) is using the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), including the methodology for assessing such use; (b) to assess the type of data the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) is inputting into the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to produce an output and the types of outputs the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is producing; (c) to assess whether the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) is complying with any relevant contractual agreement with the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) and whether any remedial action is necessary; (d) to compare the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4)'s performance in real-world conditions versus pre-deployment testing, including the methodology used to evaluate such performance; (e) to assess whether the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is causing harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or is reasonably likely to be causing harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11); (f) to assess whether the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is causing, or is reasonably likely to be causing, a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities, and, if so, how and with respect to which protected characteristicProtected characteristic"Protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (a) race; (b) color; (c) ethnicity; (d) national origin, nationality, or immigration status; (e) religion; (f) sex, including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits; (g) disability; (h) limited English proficiency; (i) biometric information; (j) familial or marital status; (k) source of income; (l) income level, not including the ability to pay for a specific good or service being offered; (m) age; (n) veteran status; (o) genetic information or medical conditions; and/or (p) any other classification protected by federal or New York state law.Civ. Rights Law § 101(16); (g) to determine whether the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) needs modification; (h) to determine whether any other action is appropriate to ensure that the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) remains safe and effective; and (i) to undertake any other assessment or responsive action the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) deems pertinent to prevent the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) from causing harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or having a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities, as prescribed by rules promulgated by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10).

(5) If a person is both the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) and deployer of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), the person may conduct combined pre-deployment evaluations and annual assessments, provided that each combined evaluation or assessment satisfies all requirements for both developersDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) and deployersDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7).

(6) 8 A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) that conducts a full pre-deployment evaluation, full impact assessment, or developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) annual review of assessments shall: (i) not later than thirty days after completion, submit the evaluation, assessment, or review to the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10); (ii) upon request, make the evaluation, assessment, or review available to the legislature; and (iii) not later than thirty days after completion: (A) publish a summary of the evaluation, assessment, or review on the website of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) in a manner that is easily accessible to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13); and (B) submit such summary to the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10). (b) A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall retain all evaluations, assessments, and reviews described in this section for a period of not fewer than ten years. (c) A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7): (i) may redact and segregate any trade secret (as defined in section 1839 of title 18, United States Code) from public disclosure under this subdivision; and (ii) shall redact and segregate personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) from public disclosure under this section.

Not later than two years after the effective date of this article, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall: (a) promulgate rules specifying: (i) what information and factors a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall consider in making the preliminary evaluation or preliminary impact assessment described in sections one hundred three and one hundred four of this article, respectively; (ii) what information a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall include in a summary of an evaluation, assessment, or developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) review described in section one hundred four of this article; and (iii) the extent to and processProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15) by which a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) may request additional information from a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7), including the purposes for which a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) is permitted to use such additional information; and (b) in promulgating such rules, consider the need to protect the privacy of personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14), as well as the need for information sharing by developersDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) and deployersDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to comply with this section and inform the public.

(1)(a)–(g) 9 A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall do the following: (a) take reasonable measures to prevent and mitigate any harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) identified by a pre-deployment evaluation described in section one hundred three or an impact assessment described in section one hundred four of this article; (b) take reasonable measures to ensure that an independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) has all necessary information to complete an accurate and effective pre-deployment evaluation described in section one hundred three or an impact assessment described in section one hundred four of this article; (c) with respect to a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), consult stakeholders, including any communities that will be impacted by the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), regarding the development or deployment of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) prior to the deploying, licensing, or offering the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (d) with respect to a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), certify that, based on the results of a pre-deployment evaluation described in section one hundred three or an impact assessment described in section one hundred four of this article: (i) use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is not likely to result in harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) or disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) in the equal enjoyment of goods, services, or other activities or opportunities; (ii) the benefits from the use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) affected by the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) likely outweigh the harmsHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) from the use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to such individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13); and (iii) use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is not likely to result in a deceptive act or practice; (e) ensure that any covered algorithm of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) functions at a level that would be considered reasonable performance by an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with ordinary skill in the art; and in a manner that is consistent with its expected and publicly-advertised performance, purpose, or use; (f) ensure any data used in the design, development, deployment, or use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) is relevant and appropriate to the deployment context and the publicly-advertised purpose or use; and (g) ensure use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) as intended is not likely to result in a violation of this article.

(2) 10 It shall be unlawful for a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to engage in false, deceptive, or misleading advertising, marketing, or publicizing of a covered algorithm of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7). (b) It shall be unlawful for a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) to knowingly offer or license a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) for any consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) other than those evaluated in the pre-deployment evaluation described in section one hundred three of this article. (c) It shall be unlawful for a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to knowingly use a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) for any consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) other than a use evaluated in the pre-deployment evaluation described in section one hundred three of this article, unless the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) agrees to assume the responsibilities of a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) required by this article.

(1) 11 A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) shall do the following: (a) upon the reasonable request of the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7), make available to the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) information necessary to demonstrate the compliance of the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) with the requirements of this article, including: (i) making available a report of the pre-deployment evaluation described in section one hundred three of this article or the annual review of assessments conducted by the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) under section one hundred four of this article; and (ii) providing information necessary to enable the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to conduct and document a pre-deployment evaluation under section one hundred three or an impact assessment described in section one hundred four of this article; and (b) either: (i) allow and cooperate with reasonable assessments conducted by the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) or the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s designated independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12); or (ii) arrange for an independent auditorIndependent auditor(a) "Independent auditor" means an individual that conducts a pre-deployment evaluation or impact assessment of a covered algorithm in a manner that exercises objective and impartial judgment on all issues within the scope of such evaluation or assessment. (b) An individual is not an independent auditor of a covered algorithm if such individual: (i) is or was involved in using, developing, offering, licensing, or deploying the covered algorithm for a commercial act; (ii) at any point during the pre-deployment evaluation or impact assessment, has an employment relationship, including a contractor relationship, but not including a contractor relationship for the auditing service described in subparagraph (i) of this paragraph, with a developer or deployer that uses, offers, or licenses the covered algorithm; or (iii) at any point during the pre-deployment evaluation or impact assessment, has a direct financial interest, a reasonably foreseeable future financial interest, or a material indirect financial interest in a developer or deployer that uses, offers, or licenses a covered algorithm, not including routine payment for the auditing services described in subparagraph (i) of this paragraph.Civ. Rights Law § 101(12) to conduct an assessment of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)'s policies and practices in support of the obligations under this article using an appropriate and accepted control standard or framework and assessment procedure for such assessments and provide a report of such assessment to the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) upon request.

(2)–(3) 12 2. A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) may offer or license a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) pursuant to a written contract between the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) and deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7), provided that the contract: (a) clearly sets forth the data processing procedures of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) with respect to any collection, processing, or transfer of data performed on behalf of the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7); (b) clearly sets forth: (i) instructions for collecting, processing, transferring, or disposing of data by the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) in the context of the use of the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (ii) instructions for deploying the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) as intended; (iii) the nature and purpose of any collection, processing, or transferring of data; (iv) the type of data subject to such collection, processing, or transferring; (v) the duration of such processing of data; and (vi) the rights and obligations of both parties, including a method by which the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) shall notify the deployer of material changes to its covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (c) shall not relieve a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployer of any requirement or liability imposed on such developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) under this article; (d) prohibits both the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) and deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) from combining data received from or collected on behalf of the other party with data the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) received from or collected on behalf of another party; and (e) shall not prohibit a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) from raising concerns to any relevant enforcement agency with respect to the other party. 3. Each developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) shall retain for a period of ten years a copy of each contract entered into with a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to which it provides requested products or services.

(4) For purposes of this section, any requirement for a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) to contract with, assist, and follow the instructions of a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall be read to include a requirement to contract with, assist, and follow the instructions of a government entity if the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) is providing a service to a government entity.

(1) 13 Not later than two years after the effective date of this article, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall promulgate regulations in accordance with specifying the circumstances and manner in which a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall provide to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) a means to opt-out of the use of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) for a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) and to elect to have the consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) concerning the individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) undertaken by a human without the use of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4). In promulgating the regulations under this subdivision, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall consider the following: (a) how to ensure that any notice or request from a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) regarding the right to a human alternative is clear and conspicuous, in plain language, easy to execute, and at no cost to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13); (b) how to ensure that any such notice to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) is effective, timely, and useful; (c) the specific types of consequential actionsConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) for which a human alternative is appropriate, considering the magnitude of the action and risk of harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11); (d) the extent to which a human alternative would be beneficial to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) and the public interest; (e) the extent to which a human alternative can prevent or mitigate harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11); (f) the risk of harmHarm"Harm", with respect to a consequential action, means a non-de minimis adverse effect on an individual or group of individuals: (a) on the basis of a protected characteristic; (b) that involves the use of force, coercion, harassment, intimidation, or detention; or (c) that involves the infringement of a right protected under the Constitution of the United States or the Constitution of the state of New York.Civ. Rights Law § 101(11) to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) beyond the requestor if a human alternative is available or not available; (g) the feasibility of providing a human alternative in different circumstances; and (h) any other considerations the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) deems appropriate to balance the need to give an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) control over a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) related to such individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with the practical feasibility and effectiveness of granting such control.

(2) 14 A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) may not condition, effectively condition, attempt to condition, or attempt to effectively condition the exercise of any individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) right under this article or individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) choice through: (a) the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or (b) the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13)'s autonomy, decision making, or choice to exercise any such right.

(3) 15 Not later than two years after the effective date of this article, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall promulgate regulations specifying the circumstances and manner in which a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall provide to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) a mechanism to appeal to a human a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) resulting from the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s use of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4). In promulgating the regulations under this subdivision, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall do the following: (a) ensure that the appeal mechanism is clear and conspicuous, in plain language, easy-to-execute, and at no cost to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13); (b) ensure that the appeal mechanism is proportionate to the consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3); (c) ensure that the appeal mechanism is reasonably accessible to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with disabilities, timely, usable, effective, and non-discriminatory; (d) require, where appropriate, a mechanism for individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) to identify and correct any personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) used by the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (e) specify training requirements for human reviewers with respect to a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3); and (f) consider any other circumstances, procedures, or matters the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) deems appropriate to balance the need to give an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) a right to appeal a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) related to such individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with the practical feasibility and effectiveness of granting such right.

(1) 16 A developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) may not: (a) discriminate or retaliate against an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) (including by denying or threatening to deny the equal enjoyment of goods, services, or other activities or opportunities in relation to a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3)) because the individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) exercised any right, refused to waive any such right, raised a concern about a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3) under this article, or assisted in any investigation or proceeding under this article; or (b) directly or indirectly, discharge, demote, suspend, threaten, harass, or otherwise discriminate or retaliate against an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) for raising a concern, reporting or attempting to report a violation of this article, or cooperating in any investigation or proceeding under this article.

(2) Nothing in this article shall prohibit a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) from: (a) denying service to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13), charging an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) a different price or rate, or providing a different level or quality of goods or services to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) if the differential in service is necessary and directly related to the value provided to the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) by the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); or (b) offering loyalty, rewards, premium features, discounts, or club card programs that provide benefits or rewards based on frequency of patronizing, or the amount of money spent at, a business consistent with this article.

(1)–(4) 17 1. Each developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall make publicly available, in plain language and in a clear, conspicuous, not misleading, easy-to-read, and readily accessible manner, a disclosure that provides a detailed and accurate representation of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s practices regarding the requirements under this article. 2. The disclosure required under subdivision one of this section shall include, at a minimum, the following: (a) the identity and the contact information of: (i) the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to which the disclosure applies (including the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s point of contact and electronic and physical mail address, as applicable for any inquiry concerning a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) or individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) rights under this article); and (ii) any other entity within the same corporate structure as the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to which personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) is transferred by the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7). (b) a link to the website containing the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s summaries of pre-deployment evaluations, impact assessments, and annual review of assessments, as applicable; (c) the categories of personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) collects or processesProcess"Process", with respect to personal data, means to conduct or direct any operation or set of operations performed on such data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling such data.Civ. Rights Law § 101(15) in the development or deployment of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) and the processing purpose for each such category; (d) whether the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) transfersTransfer"Transfer", with respect to personal data, means to disclose, release, disseminate, make available, license, rent, or share such data orally, in writing, electronically, or by any other means.Civ. Rights Law § 101(18) personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14), and, if so, each third party to which the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) transfersTransfer"Transfer", with respect to personal data, means to disclose, release, disseminate, make available, license, rent, or share such data orally, in writing, electronically, or by any other means.Civ. Rights Law § 101(18) such data and the purpose for which such data is transferred, except with respect to a transferTransfer"Transfer", with respect to personal data, means to disclose, release, disseminate, make available, license, rent, or share such data orally, in writing, electronically, or by any other means.Civ. Rights Law § 101(18) to a governmental entity pursuant to a court order or law that prohibits the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) from disclosing such transferTransfer"Transfer", with respect to personal data, means to disclose, release, disseminate, make available, license, rent, or share such data orally, in writing, electronically, or by any other means.Civ. Rights Law § 101(18); (e) a prominent description of how an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) can exercise the rights described in this article; (f) a general description of the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s practices for compliance with the requirements described in sections one hundred three and one hundred six of this article; (g) the following disclosure: "The audit of this algorithm was conducted to comply with the New York Artificial Intelligence Civil Rights Act, which seeks to avoid the use of any algorithm that has a disparate impactDisparate impact(a) "Disparate impact" means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic. An action, a policy, or a practice of a developer or deployer, a differential effect is unjustified if: (i) the developer or deployer fails to demonstrate that such action, policy, or practice causing the differential effect is necessary to achieve a substantial, legitimate, and nondiscriminatory interest; or (ii) in the event the developer or deployer demonstrates such interest, an alternative action, policy, or practice could serve such interest with less differential effect. (b) With respect to demonstrating that a covered algorithm causes or contributes to a differential effect, the covered algorithm is presumed to be not separable for analysis and may be analyzed holistically as a single action, policy, or practice, unless the developer or deployer proves that the covered algorithm is separable by a preponderance of the evidence.Civ. Rights Law § 101(9) on certain protected classes of individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13). The audit does not guarantee that this algorithm is safe or in compliance with all applicable laws."; and (h) the effective date of the disclosure. 3. The disclosure required under this section shall be made available in each covered languageCovered language"Covered language" means the ten languages with the most speakers in the state, according to the most recent data collected by the United States Census Bureau.Civ. Rights Law § 101(5) in which the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) operates or provides a good or service. 4. Any disclosure provided under this section shall be made available in a manner that is reasonably accessible to and usable by individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with disabilities.

(5) 18 If a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) makes a material change to the disclosure required under this section, the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall notify each individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) affected by such material change prior to implementing the material change. (b) Each developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall take all reasonable measures to provide to each affected individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) a direct electronic notification regarding any material change to the disclosure, in each covered languageCovered language"Covered language" means the ten languages with the most speakers in the state, according to the most recent data collected by the United States Census Bureau.Civ. Rights Law § 101(5) in which the disclosure is made available and taking into account available technology and the nature of the relationship with such individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13). (c) (i) Beginning after the effective date of this article, each developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall retain a copy of each previous version of the disclosure required under this section for a period of at least ten years after the last day on which such version was effective and publish each such version on its website. Each developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall make publicly available, in a clear, conspicuous, and readily accessible manner, a log describing the date and nature of each material change to its disclosure during the retention period, and such descriptions shall be sufficient for a reasonable individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) to understand the material effect of each material change. (ii) The obligations described in this paragraph shall not apply to any previous version of a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7)'s disclosure of practices regarding the collection, processing, and transferTransfer"Transfer", with respect to personal data, means to disclose, release, disseminate, make available, license, rent, or share such data orally, in writing, electronically, or by any other means.Civ. Rights Law § 101(18) of personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14), or any material change to such disclosure, that precedes the effective date of this article.

(6)–(7) 19 6. A deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall provide a short-form notice regarding a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) it develops, offers, licenses, or uses in a manner that: (a) is concise, clear, conspicuous, in plain language, and not misleading; (b) is readily accessible to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with disabilities; (c) is based on what is reasonably anticipated within the context of the relationship between the individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) and the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7); (d) includes an overview of each applicable individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) right and disclosure in a manner that draws attention to any practice that may be unexpected to a reasonable individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or that involves a consequential actionConsequential action"Consequential action" means an act that is likely to have a material effect on, or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of, or conditions related to any of the following: (a) employment, including hiring, pay, independent contracting, worker management, promotion, and termination; (b) education and career and technical education, including assessment, proctoring, promotion of academic integrity, accreditation, certification, admissions, enrollment, disciplinary actions including suspension, expulsion, or referral to law enforcement, eligibility for graduation, grade promotion or degree conferral, academic performance evaluation, and provision of financial aid and scholarships; (c) housing and lodging, including rental and short-term housing and lodging, home appraisals, rental subsidies, publicly supported housing, and mortgage lending; (d) essential utilities, including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation; (e) health care, including mental health care, dental, vision, and adoption services, and other health care-related services, treatment options, trials, and studies; (f) credit, banking, and other financial services; (g) insurance, including insurance claim determinations; (h) actions of the criminal justice system, law enforcement or intelligence operations, immigration determinations or enforcement, border control (vetting, screening, and inspection), child protective services, child welfare, and family services, including risk and threat assessments, situational awareness and threat detection, investigations, watchlisting, bail determinations, sentencing, administration of parole, surveillance, use of unmanned vehicles and machines, and predictive policing; (i) justice and determinations concerning guilt or liability, including assignment of cases or counsel, bail determinations, pre-detention risk assessments, case intake, sequencing, and processing, awards of actual or punitive damages, and binding and nonbinding determinations in arbitration, mediation, or other alternative dispute resolution; (j) elections, including voting, requirements for documentation or proof of identity to vote or register to vote (and determinations about whether an individual meets those requirements), redistricting, polling place resources, reduction or alteration of multilingual or English language voting materials, alteration of the manner in which voting materials are provided or distributed, reduction, consolidation, or relocation of voting locations in elections for federal, state, or local office (including early, absentee, and election-day voting locations), reduction in days or hours of in-person voting during a period occurring prior to the date of an election for federal, state, or local office during which voters may cast ballots in such election, election security, and election administration, including maintenance processes for voter registration lists that add a new basis for removal from the list of active voters registered to vote in elections for federal, state, or local office, or that incorporate a new source of information in determining a voter's eligibility to vote in elections for federal, state, or local office; (k) government benefits and services, as well as verification of identity, citizenship, and immigration status, fraud prevention, and assignment of penalties; (l) a public accommodation; and/or (m) any other service, program, product, or opportunity which has a comparable legal, material, or similarly significant effect on an individual's life as determined by the division through rules.Civ. Rights Law § 101(3); (e) is not more than five hundred words in length; and (f) is available to the public at no cost. 7. (a) If a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) has a relationship with an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13), the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall provide an electronic version of the short-form notice directly to the individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) upon the individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13)'s first interaction with the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4). (b) If a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) does not have a relationship with an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13), the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall provide the short-form notice in a clear, conspicuous, accessible, and not misleading manner on their website.

(9) 20 Each developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) shall make publicly available, in a clear, conspicuous, and readily accessible manner, a mechanism for an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) impacted by a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to report to the developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) potential violations of this article.

1. The divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall conduct a study, with notice and public comment, on the feasibility of requiring deployersDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to provide a clear, conspicuous, easy-to-use, no-cost mechanism that is accessible for individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with disabilities and allows an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) to receive an explanation as to whether and how a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) used by the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) affects or affected an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13). 2. The study required under subdivision one of this section shall include the following: (a) an overview of the purposes for which an explanation would be provided to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) and the extent to which an explanation would feasibly serve such purposes. (b) how explanations can be provided in a manner that is clear, conspicuous, easy-to-use, no-cost, accessible to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with disabilities, effective for individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) with limited English language proficiency, and calibrated to the level of risk based on the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (c) an assessment of the feasibility of a requirement for deployersDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) to provide a mechanism for individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) who may be affected or were affected by a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) to request an explanation that: (i) includes information regarding why the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) produced the result it produced with respect to the individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) making the request, and that is truthful, accurate, and scientifically valid; (ii) identifies at least the most significant factors used to inform the covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4)'s outputs; and (iii) includes any other information deemed relevant by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) to provide an explanation for an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) who may be affected or was affected by a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (d) an assessment of what information a developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) must provide a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) in order to ensure explanations can be provided to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) upon request; (e) the extent to which current technical capabilities of covered algorithmsCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) impacts the feasibility of providing explanations; (f) how a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) can take reasonable measures to verify the identity of an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) making a request for an explanation to ensure that the deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) provides an explanation only to the affected individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13), including steps a deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) should take to ensure the safe and secure storage, collection, and deletion of personal information; and (g) recommendations for the legislature on how to implement regulations around mechanisms for explanations. 3. In conducting the study required under this subsection, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall consult with the office of information technology services, and any other agency, office, commission or department deemed relevant by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10). 4. Not later than eighteen months after the effective date of this article, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall submit to the governor, the majority and minority leaders of the senate and the assembly, the senate Internet and Technology Committee, and the assembly Science and Technology Committee a report that includes the findings of the study conducted under subdivision one of this section, together with recommendations for such legislation and administrative action as the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) determines appropriate.

1. (a) Not later than ninety days after the effective date of this article, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall publish, on the internet website of the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10), a web page that describes each provision, right, obligation, and requirement of this article (categorized with respect to individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13), deployersDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7), and developersDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8)) and the remedies, exemptions, and protections associated with this article, in plain and concise language, in each covered languageCovered language"Covered language" means the ten languages with the most speakers in the state, according to the most recent data collected by the United States Census Bureau.Civ. Rights Law § 101(5), and in an easy-to-understand, accessible manner. (b) The divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall update the information published under paragraph (a) of this subdivision as necessitated by any change in law, regulation, guidance, or judicial decision. Any such update shall be published in plain and concise language, in each covered languageCovered language"Covered language" means the ten languages with the most speakers in the state, according to the most recent data collected by the United States Census Bureau.Civ. Rights Law § 101(5), and in an easy-to-understand, accessible manner. 2. Not later than two years after the date of effective date of this article, and annually thereafter, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall publish on the internet website of the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) a report that: (a) describes and summarizes the information contained in any pre-deployment evaluation, impact assessment, and developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) review submitted to the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) in accordance with this article; (b) describes broad trends, aggregated statistics, and anonymized information about performing impact assessments of covered algorithmsCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4), for the purposes of updating guidance related to impact assessments and summary reporting, oversight, and making recommendations to other regulatory agencies; and (c) is accessible and machine readable. 3.(a) Not later than one hundred eighty days after the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) publishes the first annual report under subdivision two of this section, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall develop a publicly accessible repository to publish each pre-deployment evaluation, impact assessment, and developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) review submitted to the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) in accordance with section one hundred three and one hundred four of this article. (b) The divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall design the repository established under paragraph (a) of this section to: (i) be publicly available and easily discoverable on the internet website of the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10); (ii) allow users to sort and search the repository by multiple characteristics (such as by developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) or deployerDeployer"Deployer" means any person that uses a covered algorithm for a commercial act. The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(7) and date reported) simultaneously; (iii) allow users to make a copy of or download the information obtained from the repository, including any subsets of information obtained by sorting or searching as described in subparagraph (ii) of this paragraph; (iv) be in accordance with user experience and accessibility best practices; and (v) include information about the design, use, and maintenance of the repository, including any other information determined appropriate by the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10). (c) The divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) shall publish in the repository any pre-deployment evaluation, impact assessment, and developerDeveloper(a) "Developer" means any person that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used as a covered algorithm for such person's own use, or use by a third party, in connection with a commercial act, or for use by a government entity. (b) In the event that a deployer uses an algorithm as a covered algorithm, and no person is considered the developer of the algorithm for purposes of paragraph (a) of this subdivision, the deployer shall be considered the developer of the covered algorithm for the purposes of this article. (c) The terms "deployer" and "developer" shall not be interpreted to be mutually exclusive.Civ. Rights Law § 101(8) review not later than thirty days after receiving such evaluation, assessment, or review, except if the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) has good cause to delay such publication. (d) The divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10): (i) may redact and segregate any trade secret (as defined in section 1839 of title 18, United States Code) from public disclosure under this subsection; (ii) shall redact and segregate personal dataPersonal data"Personal data" means information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or an individual's device; and shall include derived data and unique persistent identifiers. The term "personal data" does not include de-identified data.Civ. Rights Law § 101(14) from public disclosure under this subdivision; and (iii) may withhold information as permitted under section 552 of title 5, United States Code.

In any case in which the attorney general has reason to believe that an interest of the residents of the state has been or is threatened or adversely affected by the engagement of a person in a practice that violates this article, or a regulation promulgated thereunder, the attorney general may, as parens patriae, bring a civil action on behalf of the residents of the state in an appropriate Federal district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code, to: 1. enjoin any such violation by the person; 2. enforce compliance with the requirements of this article; 3. obtain a permanent, temporary, or preliminary injunction or other appropriate equitable relief; 4. obtain civil penalties in the amount of fifteen thousand dollars per violation, or four percent of the defendant's average gross annual revenue over the preceding three years, whichever is greater; 5. obtain damages, restitution, or other compensation on behalf of the residents of the state; 6. obtain reasonable attorneys' fees and litigation costs; and 7. obtain such other relief as the court may consider to be appropriate.

1. Any individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) or class of individualsIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) alleging a violation of this article, or a regulation promulgated hereunder, may bring a civil action in any court of competent jurisdiction. 2. In a civil action brought under this section in which the plaintiff prevails, the court may award: (a) treble damages or fifteen thousand dollars per violation, whichever is greater; (b) nominal damages; (c) punitive damages; (d) reasonable attorneys' fees and litigation costs; and (e) any other relief, including equitable or declaratory relief, that the court determines appropriate. 3.(a) Prior to an individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) bringing a civil action under this section, such individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) shall notify the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) and the attorney general, in writing and including a description of the allegations included in the civil action, that such individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) intends to bring a civil action under such paragraph. Not later than sixty days after receiving such notice, the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) and the attorney general shall each or jointly make a determination and respond to such individualIndividual"Individual" means a natural person in the state.Civ. Rights Law § 101(13) as to whether they will intervene in such action. The divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) and the attorney general shall have a right to intervene in any civil action under this section, and upon intervening, to be heard on all matters arising in such action and file petitions for appeal of a decision in such action. (b) Paragraph (a) of this subdivision shall not be construed to limit the authority of the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) or the attorney general to, at a later date, commence a civil action or intervene by motion if the divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) or the attorney general does not commence a proceeding or civil action within the sixty-day period described in paragraph (a) of this subdivision. 4. (a) Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable with regard to a dispute arising under this article. (b) Any determination as to whether or how this subdivision applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. (c) For purposes of this subdivision: (i) "pre-dispute arbitration agreement" means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement; and (ii) "pre-dispute joint-action waiver" means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit or waive the right of one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other related forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.

The divisionDivision"Division" means the division of consumer protection.Civ. Rights Law § 101(10) may promulgate such rules and regulations as may be necessary to carry out this this article.

1. Nothing in this article shall be construed to: (a) waive or otherwise limit any requirement under the National Labor Relations Act (29 U.S.C. 151 et seq.) for an employer (as such term is defined in section 2 of such Act (29 U.S.C. 152)) to bargain collectively regarding the deployment or effects of a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4); (b) absolve an employer of any obligation to ensure a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) and its effects comply with health and safety laws; (c) allow an employer to deploy a covered algorithmCovered algorithm"Covered algorithm" means: (a) a computational process derived from machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity, that, with respect to a consequential action: (i) creates or facilitates the creation of a product or information that is used as an integral part of the consequential action; (ii) promotes, recommends, ranks, or otherwise affects the display or delivery of information that is used as an integral part of the consequential action; (iii) makes a decision; or (iv) facilitates human decision making; or (b) any other computational process deemed appropriate by the division through rules.Civ. Rights Law § 101(4) that interferes with the rights of employees under any federal, state, or local law; or (d) absolve any other duty or requirement under any other federal, state, or local law. 2. No regulation or standard imposed under this article may be construed in a manner that would lessen the stringency of the requirements of any applicable federal or state agency that are otherwise applicable. This article does not divest any such agency of any authority derived from any other applicable law.

If any provision of this article, or the application thereof to any person or circumstance, is held invalid, the remainder of this article, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by the invalidation.