Amendment 1154· GDPR Article 22(1)(ca) (new)
+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 1154 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
No Council text amends Article 22(1)(ca) (new).
Cite this amendment
Amendment 1154 (Tomas Tobé and others), 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. 81–82
Link, short form and official text
Amendment 1154 (Tomas Tobé and others), 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. 81–82
ITRE–LIBE Amendment 1154 (CJ72-AM-791073), p. 81