Lei 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
As of .
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 performing a contract at their request with safeguards for their interests, or a law authorizing it protects their rights.
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.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.