Draft Law on the Protection of Privacy and Personal Data, automated decisions
Art. 11, lid 2 Wet Bescherming Privacy en Persoonsgegevens (automated individual decisions)
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- This measure is a draft bill; it binds nobody yet. What follows is what it would require if it is enacted in this form.
- Give a data subject the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects for them or otherwise significantly affects them, unless a listed exception applies, and never base such a decision on special categories of personal data unless a narrow exception applies with appropriate safeguards.
What this law does
This measure is a draft bill; it binds nobody yet, and what follows describes what it would require if enacted in the form read. Article 11, paragraph 2 would give a data subject the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects for them or otherwise significantly affects them, unless a listed exception applies.
The bill would also bar such a decision from resting on special categories of personal data unless a narrow exception applies with appropriate safeguards.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.