Direito à revisão de decisões automatizadas


Automated decision-making systems are becoming increasingly common in various public and private sector applications. Since many of the decisions made by such systems rely on personal data as input or generate outputs that can be associated to natural persons, the General Data Protection Law (LGPD) introduces specific rules for governing decision-making processes which are solely based on the automated processing of personal data. Among such rules, the LGPD gives special importance to the right to human review of automated decision-making, which this thesis analyses. This right is substantively different from the regulatory approach adopted by the European Union on this matter, especially since it does not require that this revision must be performed by a human. However, the law authorises the National Data Protection Authority to mandate human review if that is necessary for the effectiveness of the right to revision, and this thesis explores the legal and technological mechanisms that can be used for ensuring that the right to review provides an adequate safeguard for data subject rights.

USP Law School