Sao Tome and PrincipeLei n.º 03/2016, automated decisions
Lei n.º 03/2016, art. 13 (automated individual decisions)
archived copy
Read 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 2023. Publisher's page: https://www.nadpa-rapdp.org/sites/default/files/2020-11/Law_3_2016_protection_of_personal_data.pdfIn force.
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- Do not subject a person to a decision that affects their legal situation or affects them significantly based solely on automated processing that assesses their personality, professional capacity, credit, trustworthiness or behavior, unless the decision is taken in connection with a contract and the person's request for the contract has been satisfied or appropriate measures safeguard their legitimate interests, or a law authorizing it establishes measures guaranteeing the data holder's legitimate rights and interests.
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 13 gives a right not to be subject to a decision based solely on automated processing and lets such a decision stand where it is taken in connection with a contract on safeguarded terms or is authorized by a law that protects the holder. It requires no log, record, explanation record or audit, and it contains no territorial scope clause.
- Kind
- None
- As of
What this law does
Article 13 gives every person the right not to be subject to a decision that affects their legal situation or affects it in a meaningful way, based solely on automated data processing that assesses aspects of their personality such as their professional capacity, credit, trustworthiness or behavior.
Paragraph 2 allows such a decision where it is taken in connection with entering into or performing a contract, on condition that the person's own request for the contract has been met or appropriate measures safeguard their legitimate interests, in particular their right of representation and expression, or where a law authorizing it establishes measures guaranteeing their legitimate rights and interests. Article 47 defers the Law's own entry into force to general law without stating a day.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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