Loi n° 2008-12 du 25 janvier 2008, automated decisions
Loi n° 2008-12 du 25 janvier 2008, art. 48 (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 base a decision producing legal effects for a person solely on automated profiling or an automated evaluation of their personality, except where they had the chance to make observations or the decision grants their own request.
What this law does
Article 48's second sentence bars any decision that produces legal effects for a person from resting solely on automated processing of personal data designed to profile the person or evaluate aspects of their personality, and its third sentence excludes from that bar a decision taken in connection with a contract where the person had the chance to make observations, and a decision that simply grants the person's own request.
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.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.