BotswanaData Protection Act, 2024, automated decisions
Data Protection Act, 2024 (Act No. 18 of 2024), s. 49 (automated individual decisions)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- Do not base a decision that produces legal effects concerning a person, or significantly affects them, solely on automated processing, including profiling, unless a listed exception applies, and where one does, let the person obtain human intervention, express their point of view, and contest the decision.
What this law does
Section 49 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 significantly affects them. The right does not apply where the decision is necessary for entering into or performing a contract, is based on the data subject's explicit consent, or is authorized by a law.
Where the decision rests on the contract or consent exception, the data controller must implement suitable safeguards, including letting the data subject 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.