• Courses
      • Executive Management Courses
      • Global Series of National Privacy Laws
      • Netherlands Privacy Academy (in Dutch)
      • Caribbean Data Protection Academy
    • Resources
    • Join GADPPRO ACADEMY
      • Join GADPPRO Academy as an Official Partner
      • Become an Official GADPPRO Training Entity
      • Join the GADPPRO Business Academy
      • Secretariat & International Training Centre
      • Contact Us
    •  
      • RegisterLog in
    Privacad GADPPRO Academy
      • Courses
        • Executive Management Courses
        • Global Series of National Privacy Laws
        • Netherlands Privacy Academy (in Dutch)
        • Caribbean Data Protection Academy
      • Resources
      • Join GADPPRO ACADEMY
        • Join GADPPRO Academy as an Official Partner
        • Become an Official GADPPRO Training Entity
        • Join the GADPPRO Business Academy
        • Secretariat & International Training Centre
        • Contact Us
      •  
        • RegisterLog in

      Blog

      Privacy Right not to be subject to evaluation of personal aspects

      • Categories Blog, Business, Design / Branding, Free Data Protection Resources
      • Date September 2, 2020

      GDPR Recital 71 Right not to be subject to evaluation of personal aspects

      The data subject should have the right not to be subject to a decision, which may include a measure, evaluating personal aspects relating to him or her which is based solely on automated processing and which produces legal effects concerning him or her or similarly significantly affects him or her, such as automatic refusal of an online credit application or e-recruiting practices without any human intervention. Such processing includes ‘profiling’ that consists of any form of automated processing of personal data evaluating the personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the data subject’s performance at work, economic situation, health, personal preferences or interests, reliability or behaviour, location or movements, where it produces legal effects concerning him or her or similarly significantly affects him or her. However, decision-making based on such processing, including profiling, should be allowed where expressly authorised by Union or Member State law to which the controller is subject, including for fraud and tax-evasion monitoring and prevention purposes conducted in accordance with the regulations, standards and recommendations of Union institutions or national oversight bodies and to ensure the security and reliability of a service provided by the controller, or necessary for the entering or performance of a contract between the data subject and a controller, or when the data subject has given his or her explicit consent. In any case, such processing should be subject to suitable safeguards, which should include specific information to the data subject and the right to obtain human intervention, to express his or her point of view, to obtain an explanation of the decision reached after such assessment and to challenge the decision. Such measure should not concern a child.

      In order to ensure fair and transparent processing in respect of the data subject, taking into account the specific circumstances and context in which the personal data are processed, the controller should use appropriate mathematical or statistical procedures for the profiling, implement technical and organisational measures appropriate to ensure, in particular, that factors which result in inaccuracies in personal data are corrected and the risk of errors is minimised, secure personal data in a manner that takes account of the potential risks involved for the interests and rights of the data subject and that prevents, inter alia, discriminatory effects on natural persons on the basis of racial or ethnic origin, political opinion, religion or beliefs, trade union membership, genetic or health status or sexual orientation, or that result in measures having such an effect. Automated decision-making and profiling based on special categories of personal data should be allowed only under specific conditions.

      • Share:
      User Avatar
      Richard V

      Previous post

      Privacy Direct marketing processing of personal data
      September 2, 2020

      Next post

      Privacy Profiling subject to rules of the GDPR
      September 2, 2020

      You may also like

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679
      29 November, 2020

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679 Paragraph 3.2.3  Risks to free flow of personal data within the Union 44. Where the objection will refer to this particular risk, the CSA will need to clarify why it …

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679
      29 November, 2020

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679 Paragraph 3.2.2  Risks to fundamental rights and freedoms of data subjects 39. The issue at stake concerns the impact the draft decision as a whole would have on the data …

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679
      29 November, 2020

      Guidelines 9/2020 on relevant and reasoned objection under Regulation 2016/679 Paragraph 3.2.1  Meaning of “significance of the risks” 35. It is important to bear in mind that the goal of the work carried out by SAs is that of protecting …

      Search

      Categories

      • Blog
      • Business
      • Design / Branding
      • Free Data Protection Resources
      • Nederlandse Privacy Academie
      • Uncategorized
      Facebook-f Linkedin-in

      © Privacad 2020

      For all your questions about courses

      students@privacad.com

      For all your questions about Privacad for business

      info@privacad.com

      Links

      • Courses
      • Become a GADPPRO Academy Official Training Entity
      • Resources
      • Free Data Protection Resources
      • Blog
      • Profile
      • Students Stewards Network (SSN)

      Support

      • Privacy Policy
      • Terms of Use
      • FAQs
      • Contact

      © GADPPRO Academy | Privacad 2023

      GADPPRO Academy 2023

      Login with your site account

      Lost your password?

      Not a member yet? Register now

      Register a new account

      Are you a member? Login now