; and (B) assesses whether the algorithmic decision-making system produces discriminatory results on the basis of an individual’s or class of individuals’ actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, lawful source of income, or disability. (2) External, independent auditor or researcher A covered entity may utilize an external, independent auditor or researcher to conduct such assessments. (3) Availability The covered entity— (A) shall make the impact assessment available to the Commission upon request; and (B) may make the impact assessment public. A covered entity may redact and segregate trade secrets as defined by section 1839 of title 18, United States Code, from public disclosure under this subsection. (4) Study Not later than 3 years after the date of enactment of this Act, the Commission shall publish a report containing the results of a study, using the Commission’s authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ), examining the use of algorithms for the purposes described in this subsection. Not later than 3 years after the publication of the initial report, and as necessary thereafter, the Commission shall publish a new and updated version of such report. 109. Prohibition on waiver of rights A covered entity shall not condition the provision of a service or product to an individual on the individual’s agreement to waive privacy rights guaranteed by— (1) sections 101, 105(a), and 106 through 109 of this Act; and (2) sections 102 through 104, and 105(b) and (c) of this Act, except in the case where— (A) there exists a direct relationship between the individual and the covered entity initiated by the individual; (B) the provision of the service or product requested by the individual requires the processing or transferring of the specific covered data of the individual and the covered data is strictly necessary to provide the service or product