Article 22: Automated individual decision-making, including profiling
agent:eu:gdpr:art-22 · sha256 beeecc50a4f78399
Turnover framework under the act
- Art. 83(4): up to the higher of EUR 10,000,000 / 2 % of worldwide annual turnover
- Art. 83(5): up to the higher of EUR 20,000,000 / 4 % of worldwide annual turnover
- The framework follows from article 83.
Affected roles
Not in the register yet.
Affected industries
Not in the register yet.
Obligations
Not in the register yet.
Article text
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.
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