Rights over automated decision-making and profiling under GDPR
The General Data Protection Regulation (GDPR) grants data subjects rights over automated decision-making and profiling to protect them from unfair or opaque data processing. Individuals have the right not to be subject to decisions made solely by automated processing—including profiling—if these decisions have legal or significant effects on them.
This ensures transparency, fairness, and human oversight in automated decision-making systems, such as AI, credit scoring, and job applicant screening.
When do these rights over automated decision-making and profiling apply?
A data subject can challenge an automated decision if:
- It is made entirely by automated means, without human involvement.
- It has legal effects, such as denying a loan or rejecting a job application.
- It significantly affects them, such as influencing insurance premiums or access to services.
Exceptions to the rule
Organizations can use solely automated decisions if:
- It is necessary for a contract (e.g., automated mortgage approvals).
- It is authorized by law (e.g., fraud prevention checks).
- The individual has given explicit consent (e.g., personalized marketing).
Even when exceptions apply, organizations must:
- Implement safeguards, including human intervention.
- Provide transparency, explaining how decisions are made.
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How organizations can comply with GDPR’s rules on automated decision-making and profiling
1. Provide clear information about automated processing
- Explain when and why automation is used.
- Inform data subjects about their rights to contest and seek human intervention.
2. Implement human oversight and safeguards
- Allow individuals to challenge decisions and request human review.
- Ensure algorithmic fairness and prevent discrimination.
3. Maintain transparency and accountability
- Document how automated decisions are made.
- Regularly audit AI and profiling systems for compliance.
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Why protecting individuals from automated decisions is essential
Safeguarding data subjects from unfair automated decision-making helps organizations:
- Ensure GDPR compliance and avoid regulatory fines.
- Build trust with customers by offering transparency.
- Reduce legal risks associated with biased AI and profiling.
- Enhance fairness by allowing human intervention in critical decisions.
By implementing clear safeguards and ensuring human oversight, businesses can leverage automation responsibly while respecting privacy rights.
