Understanding GDPR Provisions on Automated Decision-Making

Overview

GDPR regulates automated decision-making and profiling, ensuring transparency and fairness in data processing.

Automated Decision-Making

Automated decision-making involves:

• Definition: Decisions made solely by automated means without human intervention.
• Examples: Online loan approvals, recruitment aptitude tests.

GDPR Compliance

Automated decision-making is allowed only under specific circumstances:

• Necessity: For contract entry, explicit consent, or legal authorization.

Responsibilities

Organizations conducting automated decision-making must:

• Transparency: Inform individuals about the processing and their rights.
• Human Intervention: Allow individuals to request human intervention or challenge decisions.
• Regular Checks: Ensure system accuracy and functionality through regular assessments.

Data Protection Impact Assessment (DPIA)

Due to the high risk, organizations must conduct a DPIA:

• Risk Assessment: Identify and address risks associated with automated decision-making.

Privacy Statement

All relevant information should be included in the privacy policy:

• Inclusion: Specify details of processing and lawful basis in the privacy statement.
• Compliance: Ensure alignment with GDPR privacy principles.