Amendment 1153· GDPR Article 22(2)
+Addition
Text of the amendment
As tabled
Wording it would add
2.The data subject shall have the right not to be subject to a decision under Article 22(1) unless one of the conditions mentioned in letters (a) to (c) of that provision is met.
3.In the cases referred to in points (a) and (c) of paragraph 1, 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 their point of view and to contest the decision. Any human intervention on the part of the controller must be meaningful and the human must have the necessary knowledge and competences to comprehend and have the possibility to modify the contested decision.
4.Before a controller makes any decision under Article 22(1), it must ensure that the affected data subject is informed about the decision in accordance with Articles 13 or 14, and that, at the time of the decision, it has implemented suitable measures in accordance with Article 22(3).
5.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.
GDPR Article 22 with this amendment
Amendment 1153 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 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.
The data subject shall have the right not to be subject to a decision under Article 22(1) unless one of the conditions mentioned in letters (a) to (c) of that provision is met.
+NewIn the cases referred to in points (a) and (c) of paragraph 21, the data controller shall implement suitable measures to safeguard the data subject'ssubject’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 hertheir point of view and to contest the decision. Any human intervention on the part of the controller must be meaningful and the human must have the necessary knowledge and competences to comprehend and have the possibility to modify the contested 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.Before a controller makes any decision under Article 22(1), it must ensure that the affected data subject is informed about the decision in accordance with Articles 13 or 14, and that, at the time of the decision, it has implemented suitable measures in accordance with Article 22(3).
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.
+New Struck removed Highlighted added Full text on the GDPR Article 22 page
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Law in forceGDPR, Article 22(2)
Paragraph 1 shall not apply if the decision:
(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.
Commission proposalCOM(2025) 837
7. In Article 22, paragraphs 1 and 2 are replaced by the following: ‘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
2.In the cases referred to in points (a) and (c) of paragraph 1, 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.
Cite this amendment
Amendment 1153 (Alex Agius Saliba), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), pp. 80–81
Link, short form and official text
Amendment 1153 (Alex Agius Saliba), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), pp. 80–81
ITRE–LIBE Amendment 1153 (CJ72-AM-791073), p. 80