Rethinking Decisions Under Article 22 of the GDPR: Implications for Semi-Automated Legal Decision-Making

Abstract

This paper examines the implications of Article 22 of the General Data Protection Regulation (GDPR) for legal tech tools that involve semi-automated decision-making. The authors focus on the interpretation of the term ’decision’ within the provision and argue that it should be construed broadly to include recommendations or other measures leading to a particular outcome for an individual. The implications of this interpretation for legal artificial intelligence (AI) and intelligent assistance (IA) are briefly discussed, with potential increased responsibilities under the GDPR for entities that use these tools. The paper concludes by calling for further examination of the ’locating decisions’ problem in the context of AI and IA systems.

Keywords: Automated decision-making, Article 22 GDPR, Human Oversight, Compliance