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New Jersey's S1402 aims to prevent discrimination by automated decision systems in financial and healthcare sectors. It mandates that these systems treat all individuals fairly, particularly those in protected classes. Businesses using such systems must be vigilant to avoid disproportionate impacts on these groups.
Key Provisions
Prohibits discrimination in lending based on automated decision systems.
Prohibits discrimination in insurance practices using automated decision systems.
Prohibits discrimination in healthcare services through automated decision systems.
Defines 'automated decision system' and 'member of a protected class'.
Establishes penalties for violations as unlawful discrimination.
Takes effect three months after enactment.
Latest Legislative Action
Introduced in the Senate, Referred to Senate Commerce Committee
Bill Sponsors
Name
Role
District
Nia GillD
Sponsor
SD-034
Compliance Checklist
Ensure automated decision systems do not discriminate against protected classes. Who: Financial institutions, insurance companies, healthcare providers. Deadline: By the effective date of the bill. Penalty: Legal penalties for unlawful discrimination.
The bill prohibits discrimination by automated decision systems against individuals who are members of protected classes, specifically in the contexts of lending, insurance, and healthcare services. It defines an 'automated decision system' as any computational process that aids in decision-making, including those utilizing AI and machine learning. Compliance is required from financial institutions, insurance companies, and healthcare providers, who must ensure their systems do not select individuals from protected classes at disproportionate rates compared to those not in these classes. Violations of this act will be considered unlawful discrimination under existing New Jersey law, specifically referencing P.L.1945, c.169. The bill is significant as it aligns with growing trends in other states to regulate AI and automated systems, ensuring fairness and accountability in their use.
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