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Section 38: Automated individual decision making

Data Protection Act 2017 · PART VII: RIGHTS OF DATA SUBJECTS

as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.

38. Automated individual decision making (1) Every 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 significantly affects him. 504 Acts 2017 Acts 2017 505 (2) Subsection (1) shall not apply where the decision is – (a) necessary for entering into, or performing, a contract between the data subject and a controller; (b) authorised by a law to which the controller is subject and which lays down suitable measures to safeguard the data subject’s rights, freedoms and legitimate interests; or (c) based on the data subject’s explicit consent. (3) Any automated processing of personal data intended to evaluate certain personal aspects relating to an individual shall not be based on special categories of personal data. (4) In the cases referred to in subsection (2), the information to be provided by the controller under section 23 shall include information as to the existence of processing for a decision of the kind referred to in subsection (1) and the envisaged effects of such processing on the data subject. (5) In the cases referred to in subsection (2)(a) or (c), the controller shall implement suitable measures to safeguard the data subject’s rights, freedoms and legitimate interests.

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