Automated decision-making (Article 22)
Prohibition of solely automated decisions with legal effect
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
TL;DR
An automated individual decision under Article 22 means: a decision is based solely on automated processing, WITHOUT human involvement. In high-risk cases, the additional safeguards of Article 22(3) apply: human intervention, the right to be heard, and the right to contest.
What is automated decision-making (Article 22)?
Relevant examples:
- Credit scoring auto-decision
- Automated applicant screening
- Insurance premium calculation
- Online advertising with personalized pricing
Practical example
An online bank rejects a credit application purely algorithmically. Article 22 is violated — human review is mandatory.
Frequently asked questions
Is a human in the loop sufficient?
Yes, if the human performs a genuine review — not merely 'rubber-stamping'.
CJEU C-634/21 SCHUFA
Confirmed: scoring qualifies as an 'automated individual decision' where banks base their decisions substantially on it.