Data Protection Act, 2023, automated decisions
Data Protection Act, Law No. 005 of 2023, art. 23 (automated individual decisions)
In force.
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 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.
What this law does
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.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.