EswatiniData Protection Act, 2022, automated decisions
Data Protection Act, 2022, s. 45 (automated individual decisions)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Disclosure
As of .
What it requires
- Do not base a decision that has a legal effect on a person, or that significantly affects them, solely on automated processing of their personal information intended to profile their personality or habits, except where taken under a contract at their request or under a law, code or scientific standard with safeguards in place.
What this law does
Section 45(1) bars subjecting a person to a decision that has a legal effect on them, or significantly affects them, when the decision is based solely on the automated processing of their personal information to profile their personality or habits.
The bar does not apply where the decision is taken in connection with entering into or performing a contract and either the data subject's request under that contract has been met or appropriate measures let the data subject learn about the decision and make representations on it, or where the decision is governed by a law, code or body of scientific proof or facts specifying the same protective measures.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.