Q&As

How do we respond to customers who question or challenge us in relation to automated decision making?

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Published on LexisPSL on 04/04/2018

The following Risk & Compliance Q&A provides comprehensive and up to date legal information covering:

  • How do we respond to customers who question or challenge us in relation to automated decision making?

Article 22(1) of the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 gives data subjects the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects that concern them or similarly significantly affects them. Effectively, Article 22(1) of Regulation (EU) 2016/679, GDPR imposes a prohibition on making decisions based solely on automated processing.

Article 22(1) of Regulation (EU) 2016/679, GDPR does not apply (ie automated decision making is allowed) in certain specified circumstances, ie:

  1. necessary for entering into, or performance of, a contract between the data subject and a data controller

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