Burkina FasoPersonal Data Protection Law, automated decisions
Loi n°001-2021/AN, arts. 15, 19, 31 (automated individual decisions)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Disclosure
As of .
What it requires
- Do not base an administrative or private decision assessing a person's behavior solely on automated processing that produces a profile or personality assessment of them.
- Where the processing relies on artificial intelligence, disclose to the data subject the criteria and the nature of the personal data behind the automated decision, from the moment you collect it.
- Obtain a CIL authorization before using an automated decision-support tool that profiles a person or relies on artificial intelligence techniques for predictive purposes in an administrative or private decision.
What this law does
Article 15 bars an administrative or private decision that assesses a person's behavior from resting solely on automated processing that produces a profile or personality assessment of them. A parallel sentence restricts a court decision the same way, but that clause binds only courts.
Article 19 requires that, where the processing relies on artificial intelligence, the controller disclose to the data subject the criteria and the nature of the personal data behind the automated decision, from the moment of collection. Article 31 requires the CIL's prior authorization before deploying a decision-support tool that assesses human behavior, profiles a person, or relies on artificial-intelligence techniques for predictive purposes in an administrative or private decision.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.