A/79/173
on the Rights of the Child and other international instruments aimed at ensuring
the well-being and comprehensive protection of children and adolescents.
The academic education of children and adolescents shall include the promotion
of the responsible, appropriate and safe use of technology, awareness -raising
regarding the possible risks faced in digital environments with regard to the
improper processing of personal data, and the fostering of respect for their
freedoms and rights, and the rights of others.
The personal data of children and adolescents must be subject to special
enhanced responsibility measures with regard to security, confidentiality, access
and restrictions on circulation, in order to prevent such data from being
accessed, improperly used, manipulated or destroyed.
11.
Principle on automated individual decisions
The data subject shall have the right not to be subject to decisions that produce
legal effects for or significantly affect him or her that are based solely on
automated processing intended to evaluate, without human intervention, certain
personal aspects of the data subject or to analyse or predict, in particular, his or
her professional performance, economic situation, state of health, sexual
preferences, reliability or behaviour.
The foregoing shall not apply when the automated processing of personal data
is necessary for the conclusion or performance of a contract between the data
subject and the data controller, is authorized by the domestic law of States, or is
based on the demonstrable consent of the data subject.
However, when it is necessary for the contractual relationship or the data subject
has given consent, the data subject shall be entitled to obtain human
intervention, receive an explanation of the decision taken, express his or her
point of view and challenge the decision.
12.
Principle of transparency
Before or at the time the data are collected, the identity and contact details of
the data controller, the specific purposes for which the personal data will be
processed, the legal basis for the processing, the recipients or categories of
recipients to whom the personal data will be communicated, the information to
be transmitted and the rights of the data subject in relation to the personal data
to be collected must be specified. When data processing is based on consent,
personal data must be collected only with the prior, unambiguous, free and
informed consent of the data subject.
If the data subject is the object of automated decision-making, profiling, or
decision-making processes involving artificial intelligence or other technologies,
he or she must be informed, in a clear and simple manner, about the following:
• The processes involving automation, artificial intelligence or any other
technology that will be used in the processing of the data.
• The reasoning behind a decision that affects him or her, through clear,
truthful and meaningful information, so that he or she can understand the
basic elements of the decision-making based on his or her personal data.
• The information that will be used to make the decision.
• Whether or not the quality of the decision was verified through qualified
human oversight.
• Additional information that would enable the data subject to understand
how automated decisions might positively or negatively affect him or her.
24-13146
19/23