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Article extract from Paul Bond and Sulina Gabale

In an effort to push companies to start reviewing their big data collection and usage practices, the FTC sets forth a list of compliance questions, such as:

  • Does your data model account for biases at both the collection and analytics stages? For example, if an employer uses big data analytics to synthesize information gathered on successful existing employees to define a “good candidate,” then the employer could risk incorporating previous discrimination in employment decisions into new employment decisions.
  • If you use big data products for eligibility decisions, is your FCRA house in order?  Have you certified that you have a “permissible purpose” to obtain the information, and that you won’t use it to violate equal opportunity laws? Do you give people the pre-adverse action notices and adverse action notices required by the FCRA?
  • If you use big data analytics in a way that might adversely affect people’s ability to get credit, housing, or employment, are you careful not to treat them differently on a prohibited basis, such as by race or national origin?
  • Do you explain to consumers how you use their information? Are you honoring promises you make about your data practices?
  • Do you maintain reasonable security to protect sensitive information of consumers?

 

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