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Article 22 GDPR
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.
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.
Suitable recitals
- Recital 71: Profiling
- Recital 72: Guidance of the European Data Protection Board Regarding Profiling
- Recital 91: Necessity of a Data Protection Impact Assessment
We teach companies and their employees about the EU General Data Protection Regulation (GDPR). It is an EU regulation that all companies within the EU/EEA must comply with. GDPR is also applicable to companies registered outside of the EU/EEA, if they process personal data that belongs to individuals within the EU/EEA.