EcuadorLOPDP, automated decisions
LOPDP, arts. 20-21 (right not to be the object of a decision based on automated processing)
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 make a decision based solely or partly on automated processing, including profiling, that produces legal or similarly significant effects for a data subject, and give heightened protection where the data subject is a child or adolescent.
- Give children and adolescents the heightened protection article 21 provides against a decision based solely or partly on automated processing.
What this law does
Article 20 gives every data subject the right not to be subject to a decision based solely or partly on automated assessments, including profiling, that produces legal effects on them or that harms their fundamental rights and freedoms.
To exercise it, the data subject may ask the controller for a reasoned explanation of the decision, submit observations, ask for the automated program's assessment criteria, ask what data types were used and their source, and challenge the decision before the controller or processor.
The right does not apply where the decision is necessary to enter into or perform a contract, or where the data subject was told before the first communication with them that a decision would be based solely on automated assessments.
Article 21 extends the same right to children and adolescents in a heightened form, barring the processing of their sensitive data or their data for an automated decision unless the data subject's legal representative expressly authorized it or the processing safeguards an essential public interest that meets international human-rights standards of legality, proportionality and necessity.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.