Colorado DOI insurance algorithm reports

Mr. Feathers,

Thank you for submitting your Colorado Opens Records Act (CORA) request on
May 31, 2024, regarding all reports submitted by Insurers to the Colorado
Division of Insurance in compliance with 3 CCR 702-10 Section 6(A),
requiring insurers that use External Data and Information Sources (ECDIS)
and/or predictive algorithms in their products to submit an annual report
to DOI (no later than June 1, 2024) describing their progress toward
complying with 3 CCR 702-10 Section 5.

However, the information you have requested is confidential per the
statute, CRS 10-3-1104.9(3)(d). Here is that specific provision.

*"(d) Documents, materials, and other information in the possession or
control of the division that are obtained by, created by, or disclosed to
the commissioner or any other person pursuant to this section or any rules
adopted pursuant to this section are recognized as proprietary and
containing trade secrets. All such documents, materials, and other
information are confidential and privileged; are not subject to disclosure
under the “Colorado Open Records Act”, part 2 of article 72 of title 24, or
other open records, freedom of information, sunshine, or similar law of
this state; are not subject to subpoena; and are not subject to discovery
or admissible in evidence in any private civil action. However, the
commissioner may use the documents, materials, or other information in the
furtherance of any regulatory or legal action brought as part of the
commissioner’s official duties. The commissioner shall not otherwise make
the documents, materials, or other information public without the prior
written consent of the insurer from which the documents, materials, or
other information was obtained. The commissioner may make data publicly
available in an aggregated or de-identified format in a manner deemed
appropriate by the commissioner."*

This statute is also referenced in Division of Insurance Regulation 10-1-
1 - GOVERNANCE AND RISK MANAGEMENT FRAMEWORK REQUIREMENTS FOR LIFE
INSURERS’ USE OF EXTERNAL CONSUMER DATA AND INFORMATION SOURCES,
ALGORITHMS, AND PREDICTIVE MODELS
<https://drive.google.com/file/d/1dlPKJCDo76iHfJZDopQEhTDCmKbuYnNI/view>.

*Vincent Plymell*
*Assistant Commissioner for Communications & Outreach*

*he/him/his*

P 303.894.2261 | C 303.910.9614 | F 303.894.7455

1560 Broadway, Suite 850, Denver, CO 80202

vincent.plymell@state.co.us | doi.colorado.gov

<https://www.facebook.com/Dora.Colorado.gov/>
<https://twitter.com/doracolorado?lang=en>
<https://www.youtube.com/user/DORAColorado/videos>

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---------- Forwarded message ---------
From: - DORA, DOIRULESANDRECORDS <DORA_INS_RulesandRecords@state.co.us>
Date: Fri, May 31, 2024 at 8:48 AM
Subject: Fwd: Colorado Open Records Act Request: Colorado DOI insurance
algorithm reports
To: Vincent Plymell - DORA <vincent.plymell@state.co.us>

CORA request from a journalist

---------- Forwarded message ---------
From: <requests@muckrock.com>
Date: Fri, May 31, 2024 at 8:44 AM
Subject: Colorado Open Records Act Request: Colorado DOI insurance
algorithm reports
To: <DORA_INS_RulesandRecords@state.co.us>

May 31, 2024

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following
records:

1) All reports submitted by Insurers to the Colorado Division of Insurance
in compliance with 3 CCR 702-10 Section 6(A). This regulation requires
insurers that use External Data and Information Sources (ECDIS) and/or
predictive algorithms in their products to submit an annual report to DOI
(no later than June 1, 2024) describing their progress toward complying
with 3 CCR 702-10 Section 5.

I ask that all fees be waived as I am a journalist and intend to used the
requested records to publish articles in the public interest and not for
any commercial purpose.

If you choose to impose fees, I request a detailed breakdown of the fees,
including the hourly wage of each employee involved and an explanation of
the employee hours required to fulfill the request.

If you choose to reject this request or redact portions of responsive
documents, I ask that you provide a detailed breakdown of the statutory
exemptions and associated case law underlying your decision to withhold
each/any portions from public review.

The requested documents will be made available to the general public, and
this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform
me of the total charges in advance of fulfilling my request. I would prefer
the request filled electronically, by e-mail attachment if available or
CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I
look forward to receiving your response to this request within 3 business
days, as the statute requires.

Sincerely,

Todd Feathers

View request history, upload responsive documents, and report problems here:
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