Minding the Machine v2.0
This chapter focuses on Articles 22 and 25 of the EU’s General Data Protection Regulation (Regulation 2016/679). It examines how these provisions will impact automated decisional systems. Article 22 gives a person a qualified 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’. Article 25 imposes a duty on controllers of personal data to implement technical and organizational measures so that the processing of the data will meet the Regulation’s requirements and otherwise ensure protection of the data subject’s rights. Both sets of rules are aimed squarely at subjecting automated decisional systems to greater accountability. The chapter argues that the rules suffer from significant weaknesses that are likely to hamper their ability to meet this aim.