The Right Not to Be Subject to Automated Decisions Based on Profiling

Abstract

In this chapter, a critical analysis is undertaken of the provisions of Art. 22 of the European Union’s General Data Protection Regulation of 2016, with lines of comparison drawn to the predecessor for these provisions – namely Art. 15 of the 1995 Data Protection Directive. Article 22 places limits on the making of fully automated decisions based on profiling when the decisions incur legal effects or similarly significant consequences for the persons subject to them. The basic argument advanced in the chapter is that Art. 22 on its face provides persons with stronger protections from such decision making than does Art. 15 of the Directive. However, doubts are raised as to whether Art. 22 will have a significant practical impact on automated profiling.