Skip to main content

LUP Student Papers

LUND UNIVERSITY LIBRARIES

‘Right not to be subject’ to automated decision-making and profiling - solving the riddle of Article 22 GDPR

Söderlund, Katarzyna LU (2019) JAEM03 20181
Department of Law
Faculty of Law
Abstract
Processing of personal data encompasses any operation performed on personal data. Nowadays, processing is increasingly done by automated or autonomous means thanks to the emergence of new technologies such as algorithms, machine learning (ML) and artificial intelligence (AI). This is not surprising, considering that application of these technologies provides many benefits for organisations, such as improved productivity, substantial cost- savings and new insights into the available data. Yet, it is becoming increasingly apparent that these developments have a profound impact on the safety of personal data. Therefore, a strong and effective legal protection system is crucial in the digital age.
This paper examines the legal framework that... (More)
Processing of personal data encompasses any operation performed on personal data. Nowadays, processing is increasingly done by automated or autonomous means thanks to the emergence of new technologies such as algorithms, machine learning (ML) and artificial intelligence (AI). This is not surprising, considering that application of these technologies provides many benefits for organisations, such as improved productivity, substantial cost- savings and new insights into the available data. Yet, it is becoming increasingly apparent that these developments have a profound impact on the safety of personal data. Therefore, a strong and effective legal protection system is crucial in the digital age.
This paper examines the legal framework that the General Data Protection Regulation (GDPR) has laid out for automated processing of personal data. The main focus is on the analysis of Article 22 GDPR, a provision regulating fully automated decision-making and profiling which legally or similarly significantly affects individuals. The text of Article 22 is scrutinised, and a few interpretational difficulties are discussed. Special attention is given to the phrase ‘right not to be subject’ and the alleged ‘right to an explanation’ of decisions reached by algorithms. These expressions are examined through the literal, historical, systematic and teleological interpretive methods.
Article 22 GDPR is probably the most forward-looking article of the Regulation, although its scope of application is still relatively narrow. However, in view of the today’s race towards digitalisation, the interpretation of this provision is becoming increasingly relevant. (Less)
Please use this url to cite or link to this publication:
author
Söderlund, Katarzyna LU
supervisor
organization
course
JAEM03 20181
year
type
H2 - Master's Degree (Two Years)
subject
keywords
GDPR, Article 22, machine learning, ML, artificial intelligence, AI, automated processing, automated decision-making, profiling
language
English
id
8972876
date added to LUP
2019-08-28 15:54:26
date last changed
2019-08-28 15:54:26
@misc{8972876,
  abstract     = {{Processing of personal data encompasses any operation performed on personal data. Nowadays, processing is increasingly done by automated or autonomous means thanks to the emergence of new technologies such as algorithms, machine learning (ML) and artificial intelligence (AI). This is not surprising, considering that application of these technologies provides many benefits for organisations, such as improved productivity, substantial cost- savings and new insights into the available data. Yet, it is becoming increasingly apparent that these developments have a profound impact on the safety of personal data. Therefore, a strong and effective legal protection system is crucial in the digital age.
This paper examines the legal framework that the General Data Protection Regulation (GDPR) has laid out for automated processing of personal data. The main focus is on the analysis of Article 22 GDPR, a provision regulating fully automated decision-making and profiling which legally or similarly significantly affects individuals. The text of Article 22 is scrutinised, and a few interpretational difficulties are discussed. Special attention is given to the phrase ‘right not to be subject’ and the alleged ‘right to an explanation’ of decisions reached by algorithms. These expressions are examined through the literal, historical, systematic and teleological interpretive methods.
Article 22 GDPR is probably the most forward-looking article of the Regulation, although its scope of application is still relatively narrow. However, in view of the today’s race towards digitalisation, the interpretation of this provision is becoming increasingly relevant.}},
  author       = {{Söderlund, Katarzyna}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{‘Right not to be subject’ to automated decision-making and profiling - solving the riddle of Article 22 GDPR}},
  year         = {{2019}},
}