Loi 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
As of .
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.
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.