‘Right not to be subject’ to automated decision-making and profiling - solving the riddle of Article 22 GDPR
(2019) JAEM03 20181Department 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:
http://lup.lub.lu.se/student-papers/record/8972876
- author
- Söderlund, Katarzyna LU
- supervisor
- organization
- course
- JAEM03 20181
- year
- 2019
- 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}}, }