EdLaw
Automated individual decision-making
Article 22 remains in force in the EU GDPR; in the UK GDPR it is repealed and replaced by Articles 22A–22D.
Article 22 — Automated individual decision-making, including profiling
Verbatim from EUR-Lex (consolidated text 02016R0679-20160504), via the Publications Office Cellar API.
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.
- (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.
4. 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.
Sources
- EUR-Lex — Regulation (EU) 2016/679 (GDPR), consolidated text 02016R0679-20160504
- European Data Protection Board — guidelines and recommendations
Meta
All article text above is reproduced verbatim from the EUR-Lex consolidated EU GDPR (CELEX 02016R0679-20160504), extracted mechanically via the Publications Office Cellar API. Each article carries the official ELI identifier as a trailing attribute anchor (e.g. {#art_8}), which also works as a fragment on the EUR-Lex HTML view; paragraphs and points carry derived anchors built from the article id and their printed labels (e.g. {#art_6-1-a}).