@misc{9226457,
  abstract     = {{Summary
This thesis examines the demarcation of human intervention in AI-based re-cruitment processes within the framework of the prohibition of automated decision-making in Artikel 22.1 GDPR. The study arises from the increasing use of Artificial Intelligence (AI) in the field of recruitment, which has given rise to legal uncertainty when technology replaces human judgment. The lack of transparency in AI systems creates a so-called “black box” problem, in-creasing the risk that the legal protection afforded by Article 22 GDPR is by-passed through purely symbolic human measures, particularly in systems formally categorized as decision support systems but which, in practice, dic-tate the decisions-making.
The purpose of this thesis is to investigate the legal scope of the prohibition in Article 22.1 GDPR and to establish the threshold for what constitutes mean-ingful human intervention. Using an EU legal method, the systematic structure of Article 22 GDPR is examined, and the underlying protective purpose of the provision is analysed through a teleological method of interpretation. Focus is placed on the doctrinal debate concerning a narrow versus a broad interpreta-tion of the criterion “solely”. Furthermore, the judgement of the CJEU in the SCHUFA case is analysed to determine whether the Court’s reasoning can be applied analogously in a recruitment context. 
In conclusion, it is established that Article 22.1 GDPR should be interpreted broadly to avoid gaps in legal protection, in accordance with the SCHUFA judgment. For human intervention to be considered meaningful, the decision-maker must possess real discretion and sufficient competence to challenge the system’s results, thereby breaking the automation. However, it is demonstrat-ed that the inherent technical complexity of AI systems often makes meaning-ful intervention difficult to maintain in practice. Finaly this implies that many AI-supported recruitment processes legally fall within the scope of the prohi-bition of automated decision-making in Article 22.1 GDPR.}},
  author       = {{Höök, Alicia}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Väl förvarat i den svarta lådan? Rättsliga förutsättningar för meningsfull mänsklig inblandning i AI-stödda rekryteringsprocesser enligt artikel 22.1 GDPR.}},
  year         = {{2026}},
}