AI Summary of Article 22 Automated individual decision-making, including profiling
The data subject is granted a fundamental right to not be subject to decisions derived solely from automated processing, including profiling, which impact their legal standing or significantly affect them. However, this right has exceptions, particularly when decisions are necessary for contractual obligations, authorised by legal frameworks, or reliant on explicit consent from the data subject.
In instances where exceptions apply, the data controller is obligated to implement appropriate safeguards. These must include the right for the data subject to seek human intervention, express their viewpoint, and challenge the decision, while also ensuring that the use of special categories of personal data remains compliant with legal stipulations.
Article 22 Automated individual decision-making, including profiling
1. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2. Paragraph 1 shall not apply if the decision:
(a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
(b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
(c) is based on the data subject's explicit consent.
3. In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.