Ley 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
As of .
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.
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.