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Article 22 GDPR on Automated Individual Decision-Making: Prohibition or Data Subject Right?

F. Thouvenin, A. Früh, S. Henseler — European Data Protection Law Review

F. Thouvenin, A. Früh, S. Henseler — European Data Protection Law Review

European Data Protection Law Review
DOI
Right to Explanation Profiling Right of Access Procedures Automated Decision-Making Artificial Intelligence Right of Access Personal Data
Jan 1, 2022 Source

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Guidance EDPB-EDPS Joint opinion 2/2026 on the Proposal for a Regulation as regards the simplification of the digital legislative framework ( EDPB Guidance Report of the work undertaken by the ChatGPT Taskforce EDPB Guidance Contribution of the EDPB to the European Commission’s evaluation of the Data Protection Law Enforcement Directive (LED) under Article 62 EDPB Guidance EDPB Annual Report 2025 EDPB Guidance Opinion 2/2026 on the Proposal for a Directive amending Directives (EU) 2016/2341 and 2016/97 as regards the strengthening of the framework for occupational retirement provision EDPS Enforcement DSB (Austria) - DSB-D124.2437/25 DSB (Austria)

Full text

Article 22 of the GDPR can either be understood as a prohibition or as a data subject right. How one decides has far-reaching consequences both for the persons concerned and for the companies or public authorities that use such decision-making systems. Scholars have presented different arguments in favour of one or the other interpretation. However, with a few notable exceptions, comprehensive analyses of all relevant arguments are still missing. This paper contributes to fill this gap and attempts to complete the picture by adding two novel and important aspects: First, a systematic perspective that connects Article 22 GDPR to the future European Artificial Intelligence Act and second, a thorough teleological interpretation of Article 22 GDPR. Both these aspects tip the balance in favour of a data subject right.

Original document at the source doi.org
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