Law / Somalia

Data Protection Act, 2023, automated decisions

Data Protection Act, Law No. 005 of 2023, art. 23 (automated individual decisions)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2025. Publisher's page: https://moct.gov.so/en/wp-content/uploads/2023/07/Somalia-Data-Protection-Act-2.pdf

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 that produces legal or similar significant effects on a person solely on automated processing, including profiling, unless a contract, a written law with safeguards, or the person's consent authorises it.

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(1) gives a data subject the right not to be subject to a decision based solely on automated processing, with three exceptions (contract, authorising written law with safeguards, consent). It sets no duty to log the decisions, to keep the grounds of a decision or to produce them to anyone. The information about automated decision-making a controller gives before collection is article 18(1)(e), which sits on the information row.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 23 gives a data subject the right not to be subject to a decision based solely on automated processing of their personal data, including profiling, that produces legal or similarly significant effects on them.

That right does not apply where the decision is necessary to enter into or perform a contract with the data subject, is authorised by a written law that establishes suitable measures to safeguard the data subject's fundamental rights and interests, or is authorised by the data subject's consent. No notice of the Act's publication in the Official Bulletin has been located.

When LexLint raises it

When your app profile says your app makes high-risk automated decisions.

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