LQPD, automated decisions
Llei 29/2021, art. 25 (automated individual decisions)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- Do not subject a data subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning them, unless a listed exception applies and you provide the required safeguards, and never subject a minor to such a decision at all.
What this law does
Article 25(1) gives any data subject the right not to be subject to a decision based solely on automated processing, including profiling, intended to evaluate aspects of their personality, that produces legal effects concerning them.
Where a listed exception in paragraph 2 applies, paragraph 4 requires the controller to adopt appropriate measures to protect the data subject's rights, freedoms and legitimate interests, including at least the right to obtain human intervention, express a point of view, and contest the decision. Paragraph 5 bars a minor from being subject to such a decision at all.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.