Law N° 58/2021, automated decisions
Law N° 58/2021, art. 21 (automated individual decisions)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- Do not subject a data subject to a decision based solely on automated processing, including profiling, that produces legal or other significant consequences for them, unless their explicit consent, contract necessity, or an authorising law with safeguards applies.
What this law does
Article 21 gives the data subject the right not to be subject to a decision based solely on automated personal data processing, including profiling, that may produce legal or other significant consequences for them. That right does not apply where the decision rests on the data subject's explicit consent, is necessary to enter into or perform a contract, or is authorised by a law that also puts in place suitable measures to safeguard the data subject's rights, freedoms and legitimate interests.
Automated processing intended to evaluate personal aspects of a natural person must not rest on sensitive personal data unless a ground listed in Article 10 applies.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.