MadagascarLoi n° 2014-038, automated decisions
Loi n° 2014-038, art. 3 (automated individual decisions)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- Do not base an administrative or private decision assessing a person's conduct solely on automated profiling.
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 3 bars a court, administrative or private decision that assesses human behavior from resting solely on automated profiling. It states no duty to create, keep or produce a log or record of such a decision.
- Kind
- None
- As of
What this law does
Article 3's second sentence bars an administrative or private decision that assesses a person's conduct from resting solely on automated processing designed to profile the person or evaluate aspects of their personality. A first sentence in the same article separately bars any judicial decision from resting on that kind of processing at all; that sentence binds courts only and does not reach a private controller, so it is not part of this right.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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