Law / Tonga

Privacy Act 2025, automated decisions

Privacy Act 2025, s. 44 (right not to be subject to a decision based solely on automated processing)

archived copyRead 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 2026. Publisher's page: https://ago.gov.to/cms/images/LEGISLATION/PRINCIPAL/2025/2025-0052/PrivacyAct2025_1.pdf

A data subject rights rule binding public and private bodies.

Obligation class
Data subject rights

As of .

What it requires

  • This law is recorded as enacted, but the Cabinet proclamation that would fix its commencement date under section 1(2) has not been located, so whether it is yet in force has to be established before relying on what follows.
  • Let a data subject avoid a decision based solely on automated processing.

What this law does

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Research summary

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This law is recorded as enacted, but the Cabinet proclamation that would fix its commencement date under section 1(2) has not been located, so whether section 44 is yet in force has to be established before relying on what follows.

Section 44 gives a data subject the right not to be subject to a decision based solely on automated processing of personal information, including profiling, that produces legal or similarly significant effects concerning them, except where the decision is necessary for entering into or performing a contract, is authorized by a written law with suitable safeguards, or is authorized by the data subject's consent.

When LexLint raises it

When your app profile says your app makes high-risk automated decisions.

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