Personal Data Protection Proclamation, automated decisions
Proclamation No. 1321/2024, art. 31 (automated individual decision-making)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- Give 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.
- Do not base an automated evaluation of personal aspects relating to an individual on sensitive personal data, and where an automated decision rests on a contract with the data subject or their explicit consent, put suitable measures in place to safeguard the data subject's rights, freedoms and legitimate interests.
What this law does
Article 31(1) gives every 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 to obtain human intervention from the data controller, and the right to express their views on the matter.
Article 31(2) lifts that right where the decision is necessary for a contract with the data subject, is authorized by a law that lays down suitable safeguards, or is based on the data subject's explicit consent. Article 31(3) bars an automated evaluation of personal aspects relating to an individual from being based on sensitive personal data.
Where a decision rests on a contract or on explicit consent, article 31(5) requires the controller to put suitable measures in place to safeguard the data subject's rights, freedoms and legitimate interests.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.