Amendment 1158· GDPR Article 22(4)
+Addition
Text of the amendment
As tabled
Wording it would add
4.Decisions referred to in paragraph 1 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 technical and organisational measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.
GDPR Article 22 with this amendment
Amendment 1158 applied to the Commission proposal, no other amendment
Unchanged: (1) and (3)
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.
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 21 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 technical and organisational measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
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(4)
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.
No Council text amends Article 22(4).
Cite this amendment
Amendment 1158 (Irena Joveva 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), p. 84
Link, short form and official text
Amendment 1158 (Irena Joveva 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), p. 84
ITRE–LIBE Amendment 1158 (CJ72-AM-791073), p. 84