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: 20 January 2025

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

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

Last review date: 20 January 2025

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 required or authorized by domestic law which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or
  • is based on the data subject's explicit consent.
Has the data privacy regulator taken enforcement action in relation to artificial intelligence, including automated decision-making or profiling?

Last review date: 20 January 2025

☒         Enforcement activity against AI developer(s)

☒         Enforcement activity under existing privacy law

☒         Enforcement activity by data or cyber regulator

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

Last reviewed: 20 January 2025

☒        Yes, laws in force

☒        Draft legislation in progress

Current Legislation: Anti-discrimination laws under the Equality Act 2010 and Product-specific legislation for example for electrical and electronic equipment (6 Electrical Equipment (Safety) Regulations, HM Government, 2016) medical devices Medical Devices Regulation, HM Government, 2002) and toys (Toys (Safety) Regulations, HM Government, 2011).