Amendment 381· GDPR Article 22(1)
+Addition
Text of the amendment
As tabled
Wording it would add
(ca)is taken by an AI system which can be reviewed and overseen by a natural person before or after it takes effect, and where appropriate safeguards are in place;
GDPR Article 22 with this amendment
Amendment 381 applied to the Commission proposal, no other amendment
A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision:
~AmendedUnchanged: (a), (b) and (c)
is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means;
is authorised 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 and freedoms and legitimate interests; or
is based on the data subject’s explicit consent.
is taken by an AI system which can be reviewed and overseen by a natural person before or after it takes effect, and where appropriate safeguards are in place;
+NewUnchanged: (3) and (4)
In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least 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.
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 22(1)
The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
Commission proposalCOM(2025) 837
1. A decision which produces legal effects for a data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision: (a) is necessary for entering into, or performance of, a contract between the data subject and a data controller regardless of whether the decision could be taken otherwise than by solely automated means; (b) is authorised 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 and freedoms and legitimate interests; or (c) is based on the data subject’s explicit consent.
Council text of 22 October 2026ST 14756/26
1.The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless such processing:
(a)is necessary for entering into, or performance of, a contract between the data subject and a data controller;
(b)is authorised 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 and freedoms and legitimate interests; or
(c)is based on the data subject’s explicit consent.
Cite this amendment
Amendment 381 (Arba Kokalari), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 329–532 to the draft opinion on COM(2025) 837 (IMCO-AM-791061, PE791.061v01-00, 16 July 2026), pp. 34–35
Link, short form and official text
Amendment 381 (Arba Kokalari), European Parliament, Committee on the Internal Market and Consumer Protection, amendments 329–532 to the draft opinion on COM(2025) 837 (IMCO-AM-791061, PE791.061v01-00, 16 July 2026), pp. 34–35
IMCO Amendment 381 (IMCO-AM-791061), p. 34