Article 9*

Article 9 – Measures based on profiling and automated processing

Commission Proposal

1. Member States shall provide that measures which produce an adverse legal effect for the data subject or significantly affect them and which are based solely on automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall be prohibited unless authorised by a law which also lays down measures to safeguard the data subject’s legitimate interests.2. Automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall not be based solely on special categories of personal data referred to in Article 8.

EDRi’s proposed amendment

1. Member States shall provide that measures which produce an adverse legal effect for the data subject or significantly affect them and which are based solely on automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall be prohibited unless authorised by a law which also lays down measures to safeguard the data subject’s legitimate interests, including the right to be provided with meaningful information about the logic used in the profiling, and the right to obtain human intervention, including  an explanation of the decision reached after such intervention.


2. Automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall not include or generate be based solely on special categories of personal data referred to in Article 8.

2a. Profiling that (whether intentionally or otherwise) has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation, or that (whether intentionally or otherwise) result in measures which have such effect, shall be prohibited in all cases.

Justification This proposed amendment mirrors the changes EDRi proposed to the General Data Protection Regulation’s provisions on profiling. Persons subjected to profiling should be informed about it, including being provided with meaningful information about the logic used in the profiling measure. Additionally, the protections against the use of special categories of data should be strengthened, as well as the provisions against discriminating profiling.

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