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.
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