Binding law — in force
Decisions based solely or partly on automated assessments: notice of the right at first communication, explanation and contest (Ecuador LOPDP Arts. 20-21)
Ecuador's Organic Personal Data Protection Law gives the data subject a right not to be subject to a decision based solely or partly on assessments produced by automated processes, including profiling, that produces legal effects on them or infringes their fundamental rights and freedoms; to that end they may ask the controller for a reasoned explanation of the decision, make observations, ask for the assessment criteria of the automated program, ask for the types of data used and their source, and contest the decision before the controller or processor (Art. 20). The right does not apply where the decision is necessary for a contract, is authorised by applicable rules, a court order or a reasoned order of a competent technical authority with suitable safeguards, rests on the data subject's explicit consent, or carries no serious impacts or verifiable risks for the data subject. The right cannot be waived in advance through mass adhesion contracts, and it must be reported explicitly, by any suitable means, no later than the first communication with the data subject that reports a decision based solely on automated assessments. For children and adolescents, sensitive data or children's data may not be processed in such decisions without the express authorisation of the data subject or their legal representative, or an essential public interest with specific safeguards (Art. 21). Detect a model output that becomes a decision about a person with no automated-decision notice and contest route, and no human decision.
ec-lopdp-art20.automated-decision-rights · Cover (Registro Oficial, Year II, No. 459, 70 pages; Quito, Wednesday 26 May 2021) · official source · jurisdictions: EC