BarbadosData Protection Act, 2019, automated decisions
Data Protection Act, 2019, s. 18 (automated individual decision-making, including profiling)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- Honour a data subject's right to object to automated decision-making.
- Where an automated decision rests on a contract with the data subject or on their consent, implement suitable measures to safeguard their rights, freedoms and legitimate interests, and do not extend the exception to sensitive personal data unless the processing is in the public interest and those measures are in place.
What this law does
Section 18(1) gives a data subject the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them. Section 18(2) excepts a decision necessary for entering into or performing a contract with the data subject, one authorised by an enactment that lays down suitable safeguards, or one based on the data subject's consent.
Where the contract or consent exception is relied on, section 18(3) requires the controller to implement suitable measures to safeguard the data subject's rights, freedoms and legitimate interests, and section 18(4) bars the exceptions from reaching sensitive personal data unless the processing is in the public interest and those safeguards are in place.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.