OpenLegislation

Article 22A Automated processing and significant decisionsF1

Original text. Later amendments are not shown.

1.

For the purposes of Articles 22B and 22C—

(a)

a decision is based solely on automated processing if there is no meaningful human involvement in the taking of the decision, and

(b)

a decision is a significant decision, in relation to a data subject, if—

(i)

it produces a legal effect for the data subject, or

(ii)

it has a similarly significant effect for the data subject.

2.

When considering whether there is meaningful human involvement in the taking of a decision, a person must consider, among other things, the extent to which the decision is reached by means of profiling.

Annotations

Textual amendments

F1

Ch. 3 Section 4A substituted for Art. 22 (19.6.2025 for specified purposes, 5.2.2026 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 80(1), 142(1)(2)(h); S.I. 2026/82, reg. 2(j) (with reg. 5)

Notes on the whole EU Regulation

Textual amendments

F1

Regulation title amended (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 2 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)