Cabo VerdeLaw No. 133/V/2001 on the Protection of Personal Data, automated decisions
Lei n.º 133/V/2001 de 22 de Janeiro, as republished by Lei n.º 121/IX/2021, de 17 de Março, art. 23 (nos. 1 and 2) (automated individual decisions)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- Do not base a decision that produces legal effects on, or significantly affects, a person solely on automated processing of their personal data, including profiling, unless the law authorizes it, or the person consents to it in the course of entering into or performing a contract and either their request was satisfied or adequate measures guarantee their legitimate interests and their chance to put their point of view.
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.
- NIST Privacy Framework
- CT.DM-P10Stakeholder privacy preferences are included in algorithmic design objectives and outputs are evaluated against these preferences.
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 23(1) and (2) bar a decision based solely on automated processing unless the law authorizes it or the person consents within a contract, with adequate measures protecting the person's interests and chance to be heard. The measures are not a log or a record, and the article names none. The cited sections state no territorial hook.
- Kind
- None
- As of
What this law does
Article 23(1) gives every person the right not to be subject to a decision that produces legal effects concerning them or significantly affects them, taken solely on the basis of automated processing of their personal data, including profiling.
Paragraph 2 admits such a decision by legal authorization or where a person consents to being subject to it, provided it occurs in the course of entering into or performing a contract, and on condition that the person's request to enter into or perform the contract has been satisfied or that adequate measures guarantee their legitimate interests and their chance to put their point of view, in particular their right of representation and expression.
Lei n.º 121/IX/2021 added the right not to be subject to a decision based on profiling. Lei n.º 121/IX/2021 entered into force thirty days after its own publication on .
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
Back to the example · Lint your app
Page updated .