People have the right not to be subject to a decision based solely on automated processing — including profiling — that has legal or similarly significant effects, save in defined cases with safeguards.
Key points
- Solely automated significant decisions are restricted.
- Where permitted, people get safeguards including human intervention.
- Increasingly central as organisations deploy AI.
Official text & source
Article 22 of the General Data Protection Regulation (Regulation (EU) 2016/679). Read the full, authoritative text on EUR-Lex.
Official text
Verbatim text of Article 22 of the General Data Protection Regulation — Regulation (EU) 2016/679.
The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
Paragraph 1 shall not apply if the decision:
is necessary for entering into, or performance of, a contract between the data subject and a data controller;
is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
is based on the data subject's explicit consent.
In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9 (1), unless point (a) or (g) of Article 9 (2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1). Official text reproduced from EUR-Lex — © European Union. Only European Union legislation published in the Official Journal is deemed authentic.
Related articles
These summaries are a plain-English orientation only and are not a substitute for the official text of the Regulation or for legal advice.
Need to apply Article 22?
Our data-protection lawyers turn the text into a plan.