GuyanaData Protection Act 2023, automated individual decision-making including profiling
Data Protection Act 2023, s. 19 (automated individual decision-making including profiling)
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Prohibition
As of .
What it requires
- Once the Data Protection Act 2023 is commenced, do not take a decision based solely on automated processing, including profiling, that produces legal effects concerning a data subject or similarly significantly affects them, unless it is necessary for a contract with the data subject, authorized by a law that lays down suitable safeguards, or based on the data subject's consent.
- Where you rely on the contract or consent exception, implement suitable measures to safeguard the data subject's rights, freedoms and legitimate interests.
- Do not rely on those exceptions for sensitive personal data unless the decision is in the public interest and suitable safeguards for the data subject are in place.
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 19(1) gives the data subject the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the data subject or similarly significantly affects the data subject. Section 19(2) disapplies the right where the processing is necessary for a contract, authorized by a law that lays down suitable safeguards, or based on the data subject's consent.
Section 19(3) requires the controller to implement suitable safeguards in the contract and consent cases. Section 19(4) withdraws those exceptions for sensitive personal data unless it is in the public interest and suitable safeguards are in place. Section 1 provides that the Act comes into operation on the day the Minister appoints by order, and that different days may be appointed for different provisions. The Act was gazetted on following passage on . No commencement order has been located.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.