Amendment 492· EUDPR Article 24(1)
+Addition
Text of the amendment
As tabled
Wording it would add
1a.If a decision referred to in paragraph 1 is based on the outputs of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the safeguards accompanying this decision shall not affect the human oversight requirements imposed in Article 14 of this Regulation. In particular, the natural persons responsible for human oversight must be able to understand properly the system’s capabilities and limitations, to interpret correctly its outputs, to remain aware of the risk of over-reliance on these outputs, and to decide not to use the system or not to take its outputs into consideration, to override them or to invalidate them. Automated processing shall not deprive the data subject of the right to seek human intervention, express personal views and contest the decision.
EUDPR Article 24 with this amendment
Amendment 492 applied to the Commission proposal, no other amendment
Unchanged: (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:
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 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.
If a decision referred to in paragraph 1 is based on the outputs of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the safeguards accompanying this decision shall not affect the human oversight requirements imposed in Article 14 of this Regulation. In particular, the natural persons responsible for human oversight must be able to understand properly the system’s capabilities and limitations, to interpret correctly its outputs, to remain aware of the risk of over-reliance on these outputs, and to decide not to use the system or not to take its outputs into consideration, to override them or to invalidate them. Automated processing shall not deprive the data subject of the right to seek human intervention, express personal views and contest the decision.
+NewUnchanged: (3) and (4)
In the cases referred to in points (a) and (c) of paragraph 2, the 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 of this Article shall not be based on special categories of personal data referred to in Article 10(1), unless point (a) or (g) of Article 10(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 forceEUDPR, Article 24(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 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 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 492 (Virginie Joron), 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. 100–101
Link, short form and official text
Amendment 492 (Virginie Joron), 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. 100–101
IMCO Amendment 492 (IMCO-AM-791061), p. 100