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 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 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.
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.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.