Privacy Law Library

Insurers' use of external consumer data, algorithms, and predictive models

Colorado insurance AI law (SB 21-169)

Artificial intelligence · Financial

SB 21-169 bars insurers from unfairly discriminating based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression, including through external consumer data, algorithms, and predictive models. The Commissioner adopts line-by-line rules requiring insurers to test and govern those models. SB 26-189 added authority for rules on notices and disclosures to consumers and deems compliant insurers compliant with the ADMT Act.

Where
Colorado
Citation
C.R.S. 10-3-1104.9
Status
In force
In force since
2021-09-07
Last amended
2026-05-14
Enforced by
Colorado Commissioner of Insurance (Division of Insurance)
People can sue
No
Penalties
Enforced through the Commissioner's examination and unfair-practice authority (10-3-1104.9(4); 10-3-1106).
Applies to
  • Insurers in any insurance practice, except title insurance, surety bonds, and most commercial lines (business owners' and commercial general liability policies are covered) (10-3-1104.9(1), (6))

What a privacy notice must say

  • Commissioner may adopt rules on notices and disclosures from insurers to consumers.C.R.S. 10-3-1104.9(3)(e) (added by SB 26-189) · From 2026-05-14

Practices it requires

  • Do not use external consumer data or algorithms and predictive models using them in a way that unfairly discriminates on protected characteristics.C.R.S. 10-3-1104.9(1)
  • Demonstrate, under Commissioner rules for each insurance line, testing and governance of external data and models for unfair discrimination.C.R.S. 10-3-1104.9(3)

Other duties

  • Cooperate with Commissioner examinations of external data sources, algorithms, and predictive models.C.R.S. 10-3-1104.9(4)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Implementing Division of Insurance regulations (for example life insurance governance rules in 3 CCR 702) were not fetched.

Research reference, not legal advice.