Catalog / Makes public services decisions / LXD-3902

Makes public services decisions, in Portugal

GDPR Article 22, Automated Decisions in Portugalsince 4 lines

Regulation (EU) 2016/679, Arts. 13(2)(f), 14(2)(g), 15(1)(h) and 22; Lei n.o 58/2019, de 8 de agosto · Read the law's page

  • Give a person in Portugal a path to obtain human intervention, express their view, and contest a decision made solely by automated processing that produces a legal or similarly significant effect on them, under GDPR Article 22.
  • Do not subject a person in Portugal to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them, unless the decision is necessary for entering into or performing a contract with them, is authorised by Union or Member State law that also lays down suitable measures to safeguard their rights, or rests on their explicit consent, under GDPR Article 22(1) and (2).
  • Do not base a solely automated decision with legal or similarly significant effects on a person in Portugal on the special categories of personal data in GDPR Article 9(1), unless they gave explicit consent or the processing is necessary for reasons of substantial public interest on the basis of proportionate Union or Member State law, and suitable measures to safeguard their rights are in place, under GDPR Article 22(4).
  • If you make solely automated decisions about a person in Portugal of the kind GDPR Article 22(1) and (4) describe, including profiling, tell them so and give them meaningful information about the logic involved and the significance and envisaged consequences for them: when you collect their data, within the Article 14(3) period where you obtained it from someone else, and in answering their access request, under GDPR Articles 13(2)(f), 14(2)(g) and 15(1)(h).
Portuguese Charter of Human Rights in the Digital Era, Article 9, Use of Artificial Intelligence and Robotssince 2 lines

Lei n.º 27/2021, de 17 de maio (Carta Portuguesa de Direitos Humanos na Era Digital), art. 9.º · Read the law's page

  • Guide your use of artificial intelligence by respect for fundamental rights, balancing explainability, security, transparency and responsibility, and set up processes to avoid bias and discrimination (Article 9(1)).
  • Communicate to the persons concerned a decision with significant impact on them that you take through algorithms, and keep it open to appeal and audit as the law provides (Article 9(2)).
EU Artificial Intelligence Actsince 3 lines

Regulation (EU) 2024/1689 of the European Parliament and of the Council

  • Disclose AI-generated content, including deepfakes and synthetic media.
  • Tell users when they are interacting with an AI chatbot or agent.
  • Meet transparency, accuracy and human-oversight requirements for high-risk AI systems used in consequential decisions such as employment, education, credit or public services.
National Artificial Intelligence Agenda (ANIA)since 0 lines

Resolução do Conselho de Ministros n.º 2/2026, de 8 de janeiro de 2026

Revisions

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  1. Revision 1, : the entry was first published.

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