Binding law — in force
No decision with legal or substantial effect may rest solely on automated profiling, save with representations and information on the logic (POPIA s. 71)
South Africa's POPIA provides that a data subject may not be subject to a decision with legal consequences or substantial effect based solely on automated processing of personal information intended to profile them, including their performance at work, creditworthiness, reliability, location, health, personal preferences or conduct (s. 71(1)). The bar does not apply where the decision is taken in connection with a contract and the person's request was met or appropriate measures protect their legitimate interests, or where a law or code of conduct specifies appropriate measures (s. 71(2)). The appropriate measures must give the person an opportunity to make representations about the decision and require the responsible party to give them sufficient information about the underlying logic of the automated processing (s. 71(3)). Detect a model output that becomes a decision about a person with no representations route and logic explanation, and no human decision.
za-popia-s71.automated-profiling-decision-representations-and-logic · s. 71(1) (no decision based solely on automated profiling) · official source · jurisdictions: ZA