Law No. 124/2024, automated decisions
Law No. 124/2024, art. 20 (automated individual decisions)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- Give a data subject the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal or similarly serious effects, unless a listed exception applies, and where an exception does apply, let them obtain human intervention, express their view, and contest the decision.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.5Processes for human oversight are defined, assessed, and documented in accordance with organizational policies from the GOVERN function.
- MEASURE 3.3Feedback processes for end users and impacted communities to report problems and appeal system outcomes are established and integrated into AI system evaluation metrics.
- NIST Privacy Framework
- CT.DM-P10Stakeholder privacy preferences are included in algorithmic design objectives and outputs are evaluated against these preferences.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What record it asks for
Logging duty
Article 20 gives the data subject the right not to be subject to a decision based solely on automated processing, lists the permitted cases, and requires suitable safeguards including human intervention, the data subject's point of view and a right to contest the decision. It names no log, no record of the decision and no audit.
- Kind
- None
- As of
What this law does
Article 20(1) gives the data subject the right not to be subject to a decision based solely on automated processing of their data, including profiling, that produces legal effects or similarly serious effects on them. Paragraph 2 lists exceptions, including where the decision is necessary for entering into or performing a contract. Where an exception applies, the controller must give the data subject the right to obtain human intervention, express their point of view, and contest the decision.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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