GDPR · Article 22
What does the GDPR say about automated decision-making and profiling?
Article 22 is the GDPR provision on decisions based solely on automated processing — the one that most often governs an AI deployment.
Below is the provision itself, word for word, from the current consolidated version (consolidated 2016-05-04). Check it on EUR-Lex ↗
GDPR, Article 22(1) — Automated individual decision-making, including profiling
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.
GDPR, Article 22(2) — Automated individual decision-making, including profiling
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.
GDPR, Article 22(3) — Automated individual decision-making, including profiling
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.
GDPR, Article 22(4) — Automated individual decision-making, including profiling
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
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Full article: GDPR, Article 22 · All of GDPR
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