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.