Global Data and Cyber Handbook

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Artificial Intelligence, Profiling and Automated Decision Making
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Artificial Intelligence, Profiling and Automated Decision Making Start Comparison
Are there any restrictions or requirements related to creating profiles of data subjects or utilizing automated decision-making for decisions related to data subjects, including with respect to artificial intelligence?

Last review date: 27 December 2024

Yes.

The restrictions or requirements are as follows:

☒   qualified right not to be subject to a decision based solely on automated decision making, including profiling – for example, only applicable if the decision produces legal effects concerning them or similarly significantly affects them

☒  right to information / transparency requirement

☒  right to request human review of the automated decision making

☒  other

Note that the right to request human review of the automated decision-making consists of the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision, where the decision (i) is necessary for a contract between the data subject and the controller, or (ii) is based on the data subject's consent.

If such restrictions or requirements exist, are they subject to any exceptions?

Last review date: 27 December 2024

Yes.

The exceptions are as follows:

If the decision:

  • is necessary for entering into, or performance of, a contract between the data subject and a data controller
  • is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights/freedoms and legitimate interests
  • is based on the data subject's explicit consent
Has the data privacy regulator issued guidance on data privacy and artificial intelligence, automated decision-making or profiling?

Last review date: 27 December 2024

Yes. Please refer to the EU Chapter for detailed information regarding EU-wide guidance.

Has the data privacy regulator taken enforcement action in relation to artificial intelligence, including automated decision-making or profiling?

Last review date: 27 December 2024

☒         No enforcement activity to date

Do other (non-personal data or cybersecurity) laws or regulations impose restrictions on use of artificial intelligence, automated decision-making or profiling?

Last review date: 27 December 2024

☒   Yes, laws in force

☒  Draft legislation in progress

Please refer to the EU Chapter for detailed information regarding EU-wide legislation.

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