You have the right not to be subject to a decision based solely on automated processing, including profiling.

This refers to automated decision-making without any involvement of the human factor, which produces legal consequences for you or significantly affects you.

It should be noted that this right is not absolute and does not apply if such a decision:

  • is required for the conclusion or performance of a contract between you and the controller;
  • is permitted by law applicable to the controller; or
  • is based on your express consent.
Example:

An online decision to grant credit or a test to assess the ability and personality traits of a job candidate that uses pre-programmed algorithms and criteria is a decision based on automated processing without the involvement of a human factor that produces legal consequences for the person concerned.

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Informant on “The rights of citizens as subjects of personal data”