Amendment 1172· GDPR Article 22(4a) (new)
+Addition
Text of the amendment
As tabled
Amending instruction
7b. In Article 22, the following paragraph 4a is added:
Paragraph 4a it would add
For any processing operation that is likely to entail automated individual decision making affecting and the profiling of more than 1000 data subjects per year, the controller must be able to demonstrate that the methodology used for the profiling and decision making are based on scientifically recognised mathematical and statistical methods and do not cause any unlawful discrimination. Information demonstrating these facts must be made publicly available by the controller.'
GDPR Article 22 with this amendment
Amendment 1172 applied to the Commission proposal, no other amendment
Unchanged: (1), (3) and (4)
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 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.
For any processing operation that is likely to entail automated individual decision making affecting and the profiling of more than 1000 data subjects per year, the controller must be able to demonstrate that the methodology used for the profiling and decision making are based on scientifically recognised mathematical and statistical methods and do not cause any unlawful discrimination. Information demonstrating these facts must be made publicly available by the controller.'
+NewJustification
In order to ensure that the automated individual decision-making affecting vast amounts of data subjects is compatible with the principle of fairness, controllers should be obliged to demonstrate that the methodologies used are based on scientifically recognised mathematical and statistical methods and non-discriminatory.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Article 22(4a) (new).
Cite this amendment
Amendment 1172 (Pernando Barrena Arza), 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. 103–104
Link, short form and official text
Amendment 1172 (Pernando Barrena Arza), 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. 103–104
ITRE–LIBE Amendment 1172 (CJ72-AM-791073), p. 103