Right not to be subject to automated decisions

This right, described in article 25 of the LQPD, aims to guarantee that you are not subject to a decision based solely on the automated processing of your data, including profiling, which produces legal effects on you or significantly affects you in a similar way.

This profiling refers to any form of processing of your personal data that evaluates personal aspects, in particular analyzing or predicting aspects related to your performance at work, economic situation, health, preferences or personal interests, reliability or the behaviour.

However, this right will not be applicable when:

        It is necessary for the celebration or execution of a contract between you and the controller.

        The processing of your data is based on your previously given consent.

        Is authorized by the Law of Andorra and adequate measures are established to safeguard the rights and freedoms and legitimate interests of the data subject.

In the first two cases, the controller must guarantee your right to obtain human intervention, express your point of view and challenge the decision.

In turn, these exceptions will not apply to special categories of data (art.9.1), unless article 9.2 applies. letter a) or g) and the appropriate measures mentioned in the previous paragraph have been taken.

You can download the form to exercise it here.

Commentary

Article 25 of the LQPD (same as article 22 of the GDPR) has its roots in articles 12a and 15 of the Data Protection Directive 95/46/CE to which our old LQPD (from 2003) was adapted. One of the main differences is that the new LQPD has a broader scope of application, since it applies to "automated processing, including profiling", while the 95 directive only applied if there was a form of elaboration of profiles.

 

Last updated: May 17, 2022