Artificial Intelligence, Profiling and Automated Decision Making
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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: 18 December 2024

☒ Yes

Data subjects are entitled to object to the decisions made by automated processing, which have legal consequences or seriously affect the data subject, including profiling.

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

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

Last review date: 18 December 2024

As an exception to the above rule, data subjects may not object to the decisions made by automated processing in the following cases:

  1. if the automated processing is conducted pursuant to the terms of a contract between the data subject and the controller;
  2. if the automated processing is necessary in accordance with other applicable laws in the UAE; or
  3. if the data subject gives prior consent to the automated processing in accordance with the conditions specified under the PDPL.

Further, the controller must: (i) implement appropriate procedures and measures to protect the privacy and confidentiality of the data subject's personal data in the cases referred to in a) to c) above and must not to harm or prejudice the data subject's rights; and (ii) incorporate an element of human review to the automated decision making process at the request of the data subject.

Has the data privacy regulator issued guidance on data privacy and artificial intelligence, automated decision-making or profiling?

Last review date: 18 December 2024

No.

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

Last review date: 18 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: 18 December 2024

☒    Non-binding guidance or principles issued or in progress