Protected Class Data
Information identifying characteristics legally protected from discrimination, like race or gender.
How the laws define this
Both provisions within the Food Retailers and Third-Party Delivery Service Providers - Dynamic Pricing and Personal Data (Protection From Predatory Pricing Act) establish that protected class data consists of information concerning an individual or group that identifies attributes legally shielded from discrimination, specifically citing race, gender, or ethnicity as examples. They diverge, however, in how explicitly they identify the underlying legal basis for these protections. The first definition under the Food Retailers and Third-Party Delivery Service Providers - Dynamic Pricing and Personal Data (Protection From Predatory Pricing Act) broadly refers to characteristics that are legally protected from discrimination without citing a specific legal authority. In contrast, the second definition under the same instrument explicitly anchors these attributes to anti-discrimination laws, clarifying that the data concerns characteristics legally safeguarded under those legal frameworks.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
What it triggers
- In Maryland, under the Protection From Predatory Pricing Act, food retailers and third-party delivery service providers are prohibited from using protected class data.source
- Under Maryland's Protection From Predatory Pricing Act, the use of protected class data in AI algorithms for personalized dynamic pricing by food retailers and third-party delivery service providers is restricted.source
Definitions (2)
Information about an individual or group of individuals that identifies a characteristic legally protected from discrimination, such as race, gender, or ethnicity.
Protected class data refers to information concerning an individual or group that identifies a characteristic legally safeguarded from discrimination. This includes attributes such as race, gender, or ethnicity, which are protected under anti-discrimination laws.
Questions and answers
What is prohibited regarding protected class data under Maryland's Protection From Predatory Pricing Act?
The Act prohibits food retailers and third-party delivery service providers from using protected class data for dynamic pricing and personalized pricing via AI algorithms. It applies to tax-exempt food in retail and delivery sectors.
Which entities does the ban on protected class data apply to in Maryland?
Food retailers and third-party delivery service providers are restricted from using protected class data under the Protection From Predatory Pricing Act.
What does protected class data include according to Maryland law?
Protected class data includes information identifying characteristics legally protected from discrimination, such as race, gender, or ethnicity.