MexicoLey Federal de Protección de Datos Personales en Posesión de los Particulares, automated decisions
LFPDPPP, art. 26, fracción II (automated individual decisions)
In force since .
A data subject rights rule binding private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- Honor a data subject's right to object to a fully automated decision that produces undesired legal effects or significantly affects their interests, rights, or freedoms, where that decision evaluates, without human intervention, their professional performance, economic situation, health, sexual preferences, reliability, or behaviour.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MEASURE 3.3Feedback processes for end users and impacted communities to report problems and appeal system outcomes are established and integrated into AI system evaluation metrics.
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-006Data Quality & Classification/Sensitivity
- AIR-DET-021Agent Decision Audit and Explainability
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
In English: the data subject may object where the personal data are subject to automated processing that produces unwanted legal effects or significantly affects their interests, rights or freedoms. Article 26(II) gives a right to object and to demand that the processing stop; it asks the controller for no log or record of the automated decisions, and names no reader of one. The provision carries no territorial clause, so the row carries no jurisdiction hook.
- Kind
- None
- As of
What this law does
Article 26, fracción II gives a data subject an unqualified right to object to processing, or demand that it cease, where their personal data is the object of a fully automated decision that produces undesired legal effects for them or significantly affects their interests, rights, or freedoms, and evaluates, without human intervention, personal aspects such as their professional performance, economic situation, health, sexual preferences, reliability, or behaviour.
The right sits alongside the other objection grounds of article 26 and shares that article's one carve-out: objection does not lie where the processing is necessary to comply with a legal obligation imposed on the responsable.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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