Regulation (EU) 2016/679 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation) (Text with EEA relevance)

[F1Article 22BU.K.Restrictions on automated decision-making

1.A significant decision based entirely or partly on processing described in Article 9(1) (processing of special categories of personal data) may not be taken based solely on automated processing, unless one of the following conditions is met.

2.The first condition is that the decision is based entirely on processing of personal data to which the data subject has given explicit consent.

3.The second condition is that—

(a)the decision is—

(i)necessary for entering into, or performing, a contract between the data subject and a controller, or

(ii)required or authorised by law, and

(b)point (g) of Article 9(2) applies.

4.A significant decision may not be taken based solely on automated processing if the processing of personal data carried out by, or on behalf of, the decision-maker for the purposes of the decision is carried out entirely or partly in reliance on Article 6(1)(ea).]

Textual Amendments

F1Ch. 3 Section 4A substituted for Art. 22 (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), ss. 80(1), 142(1)(2)(h)