Automatic decision-making, personal profiling and data protection
In modern society, computer technology (for example, algorithms) is increasingly being used when making decisions about individual rights, for example in relation for:
credit rating
credit assessment
decisions regarding applicants for a specific job opening
and more.
When such automatic decisions are made, which are not based on human involvement, special rules apply under the personal data protection law – to protect the rights of the individuals.
Such a decision can have a significant impact on individuals, for example when:
a decision is made which has a direct legal effect on an individual
an application for a loan is automatically rejected
the recruitment process is carried out without any human involvement
In such circumstances, an individual has the right to the decision not to be taken solely by such automatic means. This includes also automatic data processing, which makes a so-called personal profile of individuals.
In short, automated data processing means that no human being is involved in a decision that concerns the individual concerned and is taken from data processed automatically, without human intervention.
Registered individuals are also entitled to have an assessment of whether certain personal details, such as predictions about job performance, financial position, health, reliability and more, are not used as a basis for automatic decision-making.
This type of processing of personal data, which can be the basis for automatic decision-making, is also called personal profiling.
