PortugalPortuguese Charter of Human Rights in the Digital Era, Article 9, Use of Artificial Intelligence and Robots
Lei n.º 27/2021, de 17 de maio (Carta Portuguesa de Direitos Humanos na Era Digital), art. 9.º
In force since .
An AI governance rule binding public and private bodies.
- Obligation class
- Governance, Disclosure
As of .
What it requires
- Guide your use of artificial intelligence by respect for fundamental rights, balancing explainability, security, transparency and responsibility, and set up processes to avoid bias and discrimination (Article 9(1)).
- Communicate to the persons concerned a decision with significant impact on them that you take through algorithms, and keep it open to appeal and audit as the law provides (Article 9(2)).
Who enforces it
Settledness
- As of
- Open questions
- Which statute provides the appeal and audit route that Article 9(2) refers to with 'nos termos previstos na lei', and does the Charter itself give a person affected by an algorithmic decision any right to challenge it?
- Does 'decisões com impacto significativo na esfera dos destinatários' in Article 9(2) cover a private company's algorithmic decision about a customer or worker, or only a decision of a public body?
What it makes you log
Logging duty
Article 9(2) makes algorithmic decisions with significant impact open to audit, which cannot be shown without a record of the decision. It names no log format, content or retention period and leaves the detail to the law.
- Kind
- Implicit
- As of
- Provision
- Article 9(2)
- Trigger
- automated_decisions
What this law does
Article 9(1) of the Portuguese Charter of Human Rights in the Digital Era provides that the use of artificial intelligence must be guided by respect for fundamental rights, balancing explainability, security, transparency and responsibility, and must set up processes to avoid bias and discrimination.
Article 9(2) provides that decisions with significant impact on the persons concerned that are taken through algorithms must be communicated to them and are open to appeal and audit as the law provides. Article 9(3) applies to the creation and use of robots the principles of beneficence, non-maleficence, respect for human autonomy and justice, and the principles and values of Article 2 of the Treaty on European Union. Article 23 provides that the Law takes effect 60 days after its publication. The Law was published in the Diário da República on , so it took effect on .
When LexLint raises it
When your app profile says your app makes high-risk automated decisions, generates content with AI, deploys a chatbot or trains models.