LiechtensteinDSG Automated-Decision Rights in Liechtenstein
In force since .
A data subject rights rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Where a decision based solely on automated processing about a person in Liechtenstein rests on a contract with them or on their explicit consent, put suitable safeguards in place, at least the right to obtain human intervention, to express their point of view and to contest the decision, under General Data Protection Regulation (GDPR) Article 22(3) as incorporated into the EEA Agreement.NIST Privacy FrameworkCT.DM-P10
- Where a decision about a person in Liechtenstein is taken solely by automated processing within the insurance, due diligence, credit or investment-service matters listed in DSG Article 37(1), take suitable measures to protect their legitimate interests, at least the right to obtain human intervention, to state their point of view and to contest the decision, under DSG Article 37(2), unless the decision grants the person's request in an insurance matter or concerns due diligence.NIST Privacy FrameworkCT.DM-P10
- Do not subject a person in Liechtenstein to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them, unless the decision is necessary for entering into or performing a contract with them, is authorised by a law that also lays down suitable measures to safeguard their rights, or rests on their explicit consent, or falls within an exception DSG Article 37(1) adds, under GDPR Article 22(1) and (2) as incorporated into the EEA Agreement.NIST Privacy FrameworkCT.DM-P10
- Do not base a solely automated decision with legal or similarly significant effects on a person in Liechtenstein on the special categories of personal data in the incorporated GDPR Article 9(1), unless they gave explicit consent or the processing is necessary for reasons of substantial public interest on the basis of a proportionate law, and suitable measures to safeguard their rights are in place, under the incorporated GDPR Article 22(4); DSG Article 37(3) lets a decision in an insurance matter under Article 37(1)(a) rest on health data where appropriate and specific measures are in place.NIST Privacy FrameworkCT.PO-P1
- If you make solely automated decisions about a person in Liechtenstein of the kind the incorporated GDPR Article 22(1) and (4) describe, including profiling, tell them so and give them meaningful information about the logic involved and the significance and envisaged consequences for them: when you collect their data, within the Article 14(3) period where you obtained it from someone else, and in answering their access request, under the incorporated GDPR Articles 13(2)(f), 14(2)(g) and 15(1)(h).NIST Privacy FrameworkCM.AW-P1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.DM-P10Stakeholder privacy preferences are included in algorithmic design objectives and outputs are evaluated against these preferences.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does a decision on a credit application fall within "Kreditgeschäfts nach Art. 6 Abs. 1 Bst. b des Bankengesetzes" ("credit business under Article 6 paragraph 1 letter b of the Banking Act"), so that Article 37 paragraph 1 of the Datenschutzgesetz removes the right under Article 22(1) of the GDPR for that decision?
What it makes you log
Logging duty
Article 37(2) requires suitable measures to protect the data subject's legitimate interests (human intervention, stating a point of view, contesting the decision) and Article 37(1) adds exceptions to GDPR Article 22(1). Neither requires a controller to keep or produce a record of the decision; GDPR Articles 13(2)(f), 14(2)(g), 15(1)(h) and 22 are duties to inform and to offer safeguards. The Chapter III duty to document the reasons for a decision is in a section this row does not cite. No scope clause is invoked, so no territorial hook is coded.
- Kind
- None
- As of
What this law does
The Datenschutzgesetz serves to implement Regulation (EU) 2016/679. The text of that Regulation currently in force results from the publication of the decisions of the EEA Joint Committee in the Liechtenstein Law Gazette. General Data Protection Regulation (GDPR) Article 22(1) gives a person the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them.
Under GDPR Article 22(3), where the decision rests on a contract or on explicit consent, the controller must at least let the person obtain human intervention, express their point of view and contest the decision.
Under the Regulation's Article 22(4), such a decision may not rest on the special categories of personal data in Article 9(1) unless the person gave explicit consent or the processing is necessary for reasons of substantial public interest on the basis of a proportionate law, with suitable safeguards in place.
Its Articles 13(2)(f), 14(2)(g) and 15(1)(h) require the controller to tell the person that such decision-making takes place, with meaningful information about the logic involved and its significance and envisaged consequences for them, at collection, within the Article 14(3) period where the data came from another source, and on an access request.
Article 37(1) of the Datenschutzgesetz adds exceptions to the Article 22(1) right, beyond those in Article 22(2)(a) and (c), for decisions made within listed insurance, due diligence, credit and investment-service matters. Those matters include decisions made in performing an insurance contract that set the premium or grant the person's request.
For those decisions, except insurance decisions that grant the person's request and due diligence decisions, Article 37(2) requires the controller to take suitable measures to protect the person's legitimate interests, including at least the right to obtain human intervention, to state their point of view and to contest the decision.
Article 37(3) lets a decision in an insurance matter under Article 37(1)(a) rest on health data, with appropriate and specific measures to safeguard the person's interests.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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