SenegalLoi n° 2008-12 du 25 janvier 2008, automated decisions
Loi n° 2008-12 du 25 janvier 2008, art. 48 (automated individual decisions)
In force.
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 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.
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 48 bars a court decision assessing a person's behavior, and any decision producing legal effects, from resting solely on automated processing that profiles the person or evaluates aspects of their personality, with an exception for decisions taken in concluding or performing a contract after the person could present observations, and for decisions that grant the person's request. It requires no log, record or review of the decision and names no audit. The article carries no scope clause, so the hook is empty.
- Kind
- None
- As of
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. Loi n° 2008-12 was promulgated on . It was published in Journal officiel n° 6406 of . The law's final articles state no day of its own for its entry into force.
Under article 2 of Loi n° 70-14 du 6 février 1970, a promulgated law that does not postpone its entry into force becomes executory on the third day after the Journal officiel issue carrying it is deposited at the General Secretariat in the Cap-Vert region and the communes of Diourbel, Kaolack, Saint-Louis and Thiès, and on the fifth day in the rest of the territory. Article 17 of Loi n° 2021-21 du 2 mars 2021 abrogates Loi n° 70-14, as modified by Loi n° 71-07 du 21 janvier 1971. No official record of the day on which the law became executory has been located.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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