Loi n° 2017-020 du 22 juillet 2017, automated decisions
Loi n° 2017-020 du 22 juillet 2017, art. 19 (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 a decision producing legal effects for a person solely on automated profiling or an automated evaluation of their personality.
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 19 bars a decision producing legal effects for a person from resting solely on automated processing designed to profile them or assess aspects of their personality; its first paragraph separately bars a court decision resting on such processing. Both are prohibitions on a decision. The article does not require the controller to log, record or document automated decisions or their basis.
- Kind
- None
- As of
What this law does
Article 19's second sentence bars any decision that produces legal effects for a person from resting solely on automated processing of personal data designed to profile the person or evaluate aspects of their personality. A first sentence in the same article separately and unconditionally bars a judicial decision assessing a person's conduct 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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