BeninLoi n°2017-20 portant Code du Numérique en République du Bénin, Livre V, automated decisions
Loi n°2017-20 du 20 avril 2018, Livre V, arts. 401 et 437 (automated individual decisions)
In force.
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Disclosure
- Audit expectation
- none
What it requires
- Do not base a decision that produces legal effects for a person, or otherwise significantly affects them, solely on automated processing, including profiling, and disclose the underlying logic and the significance and consequences of such processing when the person asks.
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 2.9The AI model is explained, validated, and documented, and AI system output is interpreted within its context – as identified in the MAP function – to inform responsible use and governance.
- NIST Privacy Framework
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 401 bars a decision with legal or significant effects taken solely on automated processing, with an exception for a contract or a legal provision that must let the person put their point of view usefully. Article 437, point 9 lets the person ask for the logic and consequences of automated decision-making. Neither makes anyone keep, produce or audit a log or record. The row cites no territorial clause.
- Kind
- None
- As of
What this law does
Article 401 bars a decision producing legal effects for a person, or significantly affecting them, from resting solely on automated processing, including profiling, of data meant to evaluate aspects of their personality. A parallel first paragraph restricts a court decision the same way, but that clause binds only courts.
The prohibition does not apply where the decision is authorized by a contract or a legal provision that contains appropriate safeguards and at least lets the person put forward their point of view. Article 437, point 9 requires the controller, on the data subject's dated and signed request, to disclose useful information about the logic underlying an Article 401 decision and about the significance and expected consequences of that processing for them.
The Digital Code states no day of entry into force, and no Journal officiel publication of it and no other source stating the day it came into force has been located.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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