Loi n. 1.565 du 3 decembre 2024, automated decisions
Loi n. 1.565 du 3 decembre 2024, art. 19 (automated individual decisions)
In force since .
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 that produces legal effects for a person or significantly affects them solely on automated processing, including profiling, unless a listed exception applies, and where it does, guarantee at least the right to obtain human intervention, express a view, and contest the decision.
What this law does
Article 19 gives a person the right not to be subject to a decision that produces legal effects for them or significantly affects them, where that decision rests solely on automated processing, including profiling.
A person can still be subject to such a decision where it is necessary to enter into or perform a contract at their request, where a law or regulation authorizes it with safeguards for the person's rights and legitimate interests, where they gave explicit consent, or, for sensitive data, where they gave explicit consent or the decision serves an important public interest with appropriate and specific safeguards.
In each of those cases the controller must still implement measures letting the person obtain human intervention, express their point of view, and contest the decision.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.