- 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.
GDPR Article EN
Article 22
Automated individual decision-making, including profiling
Related across sources
Guidance Guidelines 03/2022 on Deceptive design patterns in social media platform interfaces: how to recognise and avoid them Guidance Version history Guidance Guidelines 4/2019 on Article 25 Data Protection by Design and by Default Version 2.0 Adopted on 20 October 2020 Guidance Guidelines 01/2022 on data subject rights - Right of access Guidance Guidelines 1/2018 on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation Guidance Guidelines 10/2020 on restrictions under Article 23 GDPR