Law 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
As of .
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.
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.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.