TogoLoi n° 2019-014, automated individual decisions
Loi n° 2019-014 du 29 octobre 2019, art. 27 (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 2020. Publisher's page: https://numerique.gouv.tg/wp-content/uploads/2020/01/Loi-n-2019-014-du-29-octobre-2019-relative-a-la-protection-des-donnees-a-caractere-pers…In force.
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- Do not base a decision producing legal effects concerning a person solely on an automated evaluation of their personal characteristics or profile, except a contractual decision on which they could state their views or one granting their own request.
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 27 bars decisions resting solely on automated processing and excepts contract decisions where the person could present observations; it requires no record of the decision, its basis or the person's observations, and the article has no scope clause.
- Kind
- None
- As of
What this law does
Article 27's second sentence bars any decision producing legal effects concerning a person from resting solely on automated processing of their personal data designed to define their profile or evaluate aspects of their personality. Its third sentence excludes a decision taken in concluding or performing a contract on which the person could present observations, and a decision granting the person's own request.
A first sentence in the same article separately bars a court decision on a person's conduct from resting on that kind of processing; that sentence binds courts only and is not part of this right. Article 97, the closing article, provides that the law is executed as a law of the State but names no day of its own entry into force, and no commencement notice has been located in the Journal officiel.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions.
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