PART 3Law enforcement processing

CHAPTER 3Rights of the data subject

Automated individual decision-making

49Right not to be subject to automated decision-making

1

A controller may not take a significant decision based solely on automated processing unless that decision is required or authorised by law.

2

A decision is a “significant decision” for the purpose of this section if, in relation to a data subject, it—

a

produces an adverse legal effect concerning the data subject, or

b

significantly affects the data subject.

50Automated decision-making authorised by law: safeguards

1

A decision is a “qualifying significant decision” for the purposes of this section if—

a

it is a significant decision in relation to a data subject, and

b

it is required or authorised by law.

2

Where a controller takes a qualifying significant decision in relation to a data subject based solely on automated processing—

a

the controller must, as soon as reasonably practicable, notify the data subject in writing that a decision has been taken based solely on automated processing, and

b

the data subject may, before the end of the period of 1 month beginning with receipt of the notification, request the controller to—

i

reconsider the decision, or

ii

take a new decision that is not based solely on automated processing.

3

If a request is made to a controller under subsection (2), the controller must, before the end of the period of 1 month beginning with receipt of the request—

a

consider the request, including any information provided by the data subject that is relevant to it,

b

comply with the request, and

c

by notice in writing inform the data subject of—

i

the steps taken to comply with the request, and

ii

the outcome of complying with the request.

4

The Secretary of State may by regulations make such further provision as the Secretary of State considers appropriate to provide suitable measures to safeguard a data subject’s rights, freedoms and legitimate interests in connection with the taking of qualifying significant decisions based solely on automated processing.

5

Regulations under subsection (4)—

a

may amend this section, and

b

are subject to the affirmative resolution procedure.

6

In this section “significant decision” has the meaning given by section 49(2).