Ley 29733, right to objective processing
Ley No. 29733, art. 23 (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 base a decision that has legal effects on a person, or significantly affects them, solely on an automated evaluation of their personality or conduct, outside a contractual relationship or a public-entity entry evaluation, and let them state their own view.
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 23 gives the data subject a right not to be subject to a decision with legal or significant effects based solely on processing that evaluates their personality or conduct, with exceptions for contracts and public-entity recruitment, and keeps the right to put their own point of view. It asks for no log of the decision, no basis kept, and no authority access.
- Kind
- None
- As of
What this law does
Article 23 gives a right not to be subject to a decision with legal effects, or that significantly affects the titleholder, based solely on processing meant to evaluate aspects of their personality or conduct, except within a contractual relationship or an evaluation for entry into a public entity, and preserves the right to state one's own view to safeguard a legitimate interest.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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