> If they never ask for "“yes,” “no” for whether the natural Person is of Hispanic, Latino, or Spanish origin", but one of the automated recommendation dimensio

> If they never ask for "“yes,” “no” for whether the natural Person is of Hispanic, Latino, or Spanish origin", but one of the automated recommendation dimensions is close to 1:1 match for that question, would they have to disclose that? (i.e. give statistics per-dimension) I'm going to assume yes, they would need to disclose that. That scenario sounds awfully similar to some of the terms the FTC uses when discussing the Fair Credit Reporting Act (FCRA): > Under traditional credit scoring models, companies compare known credit characteristics of a consumer—such as past late payments—with historical data that shows how people with the same credit characteristics performed over time in meeting their credit obligations. Similarly, predictive analytics products may compare a known characteristic of a consumer to other consumers with the same characteristic to predict whether that consumer will meet his or her credit obligations. The difference is that, rather than comparing a traditional credit characteristic, such as debt payment history, these products may use non-traditional characteristics—such as a consumer’s zip code, social media usage, or shopping history—to create a report about the creditworthiness of consumers that share those non-traditional characteristics, which a company can then use to make decisions about whether that consumer is a good credit risk. The standards applied to determine the applicability of the FCRA in a Commission enforcement action, however, are the same. > Only a fact-specific analysis will ultimately determine whether a practice is subject to or violates the FCRA, and as such, companies should be mindful of the law when using big data analytics to make FCRA covered eligibility determinations. https://www.ftc.gov/system/files/documents/reports/big-data-tool-inclusion-or-exclusion-understanding-issues/160106big-data-rpt.pdf https://www.ftc.gov/system/files/documents/reports/big-data-...