Amendment 1664· EUDPR Article 24(1)
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(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, when several equally effective automated processing solutions exist, the controller should use the less intrusive one when it does not result in a significant additional administrative burden for the controller;
Struck CommissionHighlighted amendment
EUDPR Article 24 with this amendment
Amendment 1664 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:
~Amendedis 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, when several equally effective automated processing solutions exist, the controller should use the less intrusive one when it does not result in a significant additional administrative burden for the controller;
~AmendedUnchanged: (b), (c), (3) and (4)
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.
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 1664 (Sebastian Tynkkynen and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), p. 98
Link, short form and official text
Amendment 1664 (Sebastian Tynkkynen and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1565–1740 to the draft report on COM(2025) 837 (CJ72-AM-791874, PE791.874v01-00, 27 July 2026), p. 98
ITRE–LIBE Amendment 1664 (CJ72-AM-791874), p. 98