NigerLoi n° 2022-59, automated decisions
Loi n° 2022-59, art. 52 (automated individual decisions)
In force.
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 behaviour or personality solely on automated processing, unless the person gave explicit consent, it is necessary to enter into or perform a contract with them, or a law or regulation otherwise authorizes it.
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 52 bars a court decision, and any administrative or private decision resting solely on automated processing, from assessing a person's behavior or personality, gives the person the right to know and contest the information and reasoning used, and, where artificial intelligence is involved, has the criteria and the nature of the data indicated from collection. Those are disclosures to the person and name no log or record the controller keeps. The row cites no scope clause, so no territorial hook is listed.
- Kind
- None
- As of
What this law does
Article 52's second sentence bars an administrative or private decision that assesses a person's behaviour or personality from resting solely on automated processing designed to define their profile or personality, unless the person gave explicit consent, the decision is necessary to enter into or perform a contract with them, or a law or regulation otherwise authorizes it.
A first sentence in the same article separately and unconditionally bars a judicial decision from resting on that kind of processing at all; that sentence binds courts only and is not part of this right. Article 113, the closing article, orders publication in the Journal Officiel and execution as a law of the State, but names no day of the Law's own entry into force, and no commencement notice has been located in the Journal Officiel.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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