MoroccoLaw No. 09-08, automated decisions
Loi n° 09-08, art. 11 (automated individual decisions)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://www.cndp.ma/wp-content/uploads/2023/11/Loi-09-08-Fr.pdfIn force.
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 producing legal effects on a person solely on automated processing meant to profile them or evaluate an aspect of their personality, except a decision taken in forming or performing a contract where the person could comment, or one that grants the person's own request.
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 11 bars a decision producing legal effects on a person from resting solely on automated processing meant to profile them, with exceptions for contract decisions the person could comment on and decisions granting the person's own request. It is a prohibition and requires no log or record to be made, kept or produced. No scope clause is cited.
- Kind
- None
- As of
What this law does
Article 11 bars a decision producing legal effects for a person from resting solely on automated processing meant to define their profile or evaluate an aspect of their personality. A parallel first sentence restricts a judicial decision the same way, but that clause binds only courts and carries no 'solely' qualifier.
The prohibition does not apply to a decision made in concluding or performing a contract on which the person had a chance to comment, or to a decision that grants the person's own request. The law's final and transitional articles state no day of its own for its entry into force.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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