PanamaLey 81 de 2019, automated decisions
Ley 81 de 2019, 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 subject a data subject to a decision based solely on automated processing of their personal data that produces a negative legal effect or a detriment to a right, unless they consented, the decision is necessary to perform a contract, or a special law 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 19 gives the data subject a right not to be subject to a decision based solely on automated processing and lists three cases in which such a decision is allowed. It requires no log, record or explanation of the decision.
- Kind
- None
- As of
What this law does
Article 19 gives a data subject the right not to be subject to a decision based solely on automated processing of their personal data that produces a negative legal effect or a detriment to a right, where the decision evaluates aspects such as their personality, health status, work performance, credit, reliability or conduct.
The right does not apply where the data subject consented to the decision, the decision is necessary to enter into or perform a contract or legal relationship with the controller, or a special law or its implementing regulations authorize it.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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