Recital 27*

Commission Proposal

27. Every natural person should have the right not to be subject to a measure which is based solely on automated processing if it produces an adverse legal effect for that person, unless authorised by law and subject to suitable measures to safeguard the data subject’s legitimate interests.

EDRi’s proposed amendment

27. Every natural person should have the right not to be subject to a measure which is based solely on automated processing if it produces an adverse legal effect for that person, unless authorised by law and subject to suitable 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. Such processing should in no circumstances contain, generate, or discriminate based on special categories of data.

Justification

This reflects the proposed changes to Article 9.

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