GDPR· Article 22
Text
Article 22 GDPR as printed in the Council text of 22 October 2026
Automated individual decision-making, including profiling
Title kept from the law in force; this text prints none.
Source Council, 22 October 2026. Article 22: ST 14756/26, page 135 · pp. 135–136 · exact text page
Article 22
Its wording is printed below, under Article 22(1), (2) and (3).
Article 22(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:
is necessary for entering into, or performance of, a contract between the data subject and a data controller;
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.
Article 22(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.
Article 22(3)
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 measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.
How each paragraph has changed
| What each text would do to the law in force | ||||||||
|---|---|---|---|---|---|---|---|---|
| Paragraph | Commission19 Nov 2025 | Council21 May 2026 | Council10 Jun 2026 | Council18 Jun 2026 | Council3 Sep 2026 | Council2 Oct 2026 | Council22 Oct 2026 | Parliamentamendments |
| Compared with | law in force | the proposal | 21 May text | 10 Jun text | 18 Jun text | 3 Sep text | 2 Oct text | |
| 22Text of the article | No change Unchanged | No change Unchanged | No change Unchanged | No change Unchanged | No change Unchanged | Amends , changed since 3 Sep Changed | Amends Unchanged | 1 |
| 1Paragraph 1 | Amends Rewritten | Amends , changed since the proposal Changed | Amends Unchanged | Amends Unchanged | Amends Unchanged | Amends Unchanged | Amends Unchanged | 18 |
| 2Paragraph 2 | Amends Changed | Amends Not compared | Amends Unchanged | Amends Unchanged | Amends Unchanged | Amends Unchanged | Amends Unchanged | 3 |
| 3Paragraph 3 | No change Unchanged | Amends , rewritten since the proposal Rewritten | Amends Unchanged | Amends Unchanged | Amends Unchanged | Amends Unchanged | Amends Unchanged | 4 |
| Provisions only Parliament would add or change4 units | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | Not in the law in force or this text In neither text | 7 |
Each text against the law in force: ~Amends amends the law in force=No change leaves the law in force as it is— neither the law in force nor the text has it changed from the text before
Each text against the text before it: ~Changed wording changed~Rewritten under half the earlier wording survives=Unchanged same as the text before?Not compared no earlier wording to compare— in neither text
What each text does
- 19 Nov 2025 Commission proposalCOM(2025) 837 Amends Amends paragraphs 1 and 2. Article 22 in this text
- 21 May 2026 Council textST 9547/26 Changed Changes paragraph 1 and rewrites paragraph 3.ST 9547/26 reproduces only some of the proposal’s changes, so this comparison applies only those it shows or visibly drops. It says nothing about the others. Article 22 in this text
- 10 Jun 2026 Council textST 10426/26 Unchanged Same as the text before. Article 22 in this text
- 18 Jun 2026 Council textST 10677/26 Unchanged Same as the text before. Article 22 in this text
- 22 Jun 2026 ITRE–LIBE draft report · Aura Salla and Marina Kaljurand (rapporteurs)CJ72-PR-786818 3 amendments to this article. Amendments in this document
- 29 Jun 2026 JURI amendments 69–296 to the draft opinionJURI-AM-790236 1 amendment to this article.
- 16 Jul 2026 IMCO amendments 329–532 to the draft opinionIMCO-AM-791061 4 amendments to this article. Amendments in this document
- 27 Jul 2026 ITRE–LIBE amendments 1053–1260 to the draft reportCJ72-AM-791073 23 amendments to this article. Amendments in this document
- 3 Sep 2026 Council textST 12535/26 Unchanged Same as the text before. Article 22 in this text
- 2 Oct 2026 Council textST 13886/26 Changed Changes the article.Page 126 prints “(9a)” without an instruction or target, so no change can be assigned to that marker. Article 22 in this text
- 22 Oct 2026 Council textST 14756/26 Unchanged Same as the text before. Article 22 in this text
Article 22: Text of the article
Changed by the Council on 2 October
Parliament amendments 1
1 would delete the provision.
436 −Deletion Sabine VerheyenEPP · IMCO Deletes the proposed article
Article 88b- Tabled by
- Sabine Verheyen
- Group
- EPP
- Targets
- GDPR Article 22
- Document
- IMCO amendments 329–532 to the draft opinion
- Printed header
- Article 3 – paragraph 1 – point 15 / REGULATION (EU) 2016/679 / Article 22
Paragraph 1
Rewritten by the Commission · changed by the Council on 21 May
Parliament amendments 18
1 would delete the wording, 14 propose alternative wording and 3 would add wording to paragraph 1.
| Type | The Left | S&D | Greens/EFA | Renew | EPP | ECR | PfE | Rapporteur |
|---|---|---|---|---|---|---|---|---|
| − Deletion | · | 1 | · | · | · | · | · | · |
| ~ Alternative | 3 | 3 | 1 | 3 | · | 2 | · | 2 |
| + Addition | · | · | · | · | 2 | · | 1 | · |
By political group
- − Deletion S&D 1
- ~ Alternative The Left 3 S&D 3 Greens/EFA 1 Renew 3 ECR 2 Rapporteur 2
- + Addition EPP 2 PfE 1
Show
51 ~Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “similarly significantly affects them, unless such processing”
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: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 them or that similarly significantly affects them, unless such processing:- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – introductory part
52 ~Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “is authorised by Union or Member State law to which the controller is subject and which lays down suitable measures to safeguard the data subject’s…”
(b) is authorised by Union or Member State law to which the controller is subject and which
alsolays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE draft report
- Source
- Official text, page 38
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – point b
249 ~Alternative Tobiasz Bocheński +1ECR · JURI “in particular determine a person’s legal status or contractual rights”
Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.
1. A decision which produces legal effects for a data subject, in particular determine a person’s legal status or contractual rights, or similarly significantly affects him or her, may be based solely on automated processing, including profiling, only where that decision:
- Tabled by
- Tobiasz Bocheński, Kosma Złotowski
- Group
- ECR
- Targets
- GDPR Article 22
- Document
- JURI amendments 69–296 to the draft opinion
- Source
- Official text, page 144
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22
381 +Addition Arba KokalariEPP · IMCO “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…”
(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;
- Tabled by
- Arba Kokalari
- Group
- EPP
- Targets
- GDPR Article 22(1)
- Document
- IMCO amendments 329–532 to the draft opinion
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1
382 +Addition Virginie JoronPfE · IMCO “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal…” numbered 1a
1a.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.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- GDPR Article 22(1)
- Document
- IMCO amendments 329–532 to the draft opinion
- Source
- Official text, page 35
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1
1141 −Deletion Birgit SippelS&D · ITRE–LIBE Deletes the Commission’s wording
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.- Tabled by
- Birgit Sippel
- Group
- S&D
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1
1142 ~Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “(a) is strictly necessary for entering into, or performance of, a contract between the data subject and the controller, and no less intrusive means…”
Tracker noteThe amendment names this article, but which paragraph or point it changes has not been automatically established, so it is not yet linked to a specific point.
1.
A decision which produces legal effects for aArticle 22 shall be replaced by the following:data subject or similarly significantly affects him or her may be based solely on automated processing, including profiling, only where that decision: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 them or similarly significantly affects them. A decision shall be considered to be based solely on automated processing where automated processing materially determines the outcome and any human involvement is merely formal, symbolic, limited to validation, or does not include a genuine assessment of the individual case. 2. Paragraph 1 shall not apply only where the decision: (a) is strictly necessary for entering into, or performance of, a contract between the data subject and the controller, and no less intrusive means reasonably available to the controller can achieve the same specific contractual purpose; (b) is authorised by Union or Member State law to which the controller is subject, which respects the essence of the rights and freedoms of the data subject, is necessary and proportionate in a democratic society, and lays down suitable and specific measures to safeguard the data subject’s rights and freedoms and legitimate interests; or (c) is based on the data subject’s explicit consent. For the purposes of point (a), a decision shall not be considered strictly necessary merely because it is useful, efficient, economically advantageous, scalable, faster, more consistent, part of the controller’s business model, or capable of reducing costs. Commercial convenience, service optimisation, fraud prevention at scale, profiling, risk scoring, behavioural prediction or personalised pricing shall not, in themselves, constitute necessity. 3. In the cases referred to in paragraph 2, points (a) and (c), the controller shall implement suitable and specific measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least: (a) the right to obtain meaningful human intervention on the part of the controller; (b) the right to express their point of view before, or where this is not possible, without undue delay after, the decision is taken; (c) the right to receive meaningful information about the main reasons for the decision, including the main categories of personal data relied upon, the use of profiling or inferred data, the key parameters, factors or criteria that materially influenced the decision, and, where relevant, their relative importance, as well as the steps available to correct inaccurate data, express their point of view and contest the decision; (d) the right to contest the decision and obtain a fresh assessment by a human reviewer. Human intervention shall be carried out by a person with the competence, information, time, resources and authority necessary to assess the individual case and to modify, reverse or otherwise change the decision. The human reviewer shall actively assess the relevant facts and shall not merely rely on, confirm or reproduce the output of the automated system. Information provided pursuant to point (c) shall be sufficiently specific to allow the data subject to understand why the decision was taken in their individual case and to exercise their rights effectively. Controllers shall not rely on trade secrets, intellectual property or security considerations to refuse information that is necessary to understand the main reasons for the decision, without prejudice to proportionate measures to protect confidential information. 4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless Article 9(2), point (a) or point (g), applies and suitable and specific measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place. 5. The controller shall document the assessment referred to in paragraph 2, point (a), the less intrusive means considered, including human-led or human-reviewed alternatives, and the measures implemented pursuant to paragraph 3. That documentation shall include the reasons why the decision is strictly necessary, the less intrusive alternatives considered, the organisation of human review, the competence and authority of reviewers, the information made available to them, and the number and proportion of decisions modified, reversed or otherwise changed following human intervention. Where the processing is subject to a data protection impact assessment pursuant to Article 35, that assessment shall include an assessment of whether the same specific purpose can reasonably be achieved through less intrusive means, including human-led, human-reviewed or non-automated alternatives, and an assessment of the risks created by automation, profiling, inferred data and the organisation of human review. The documentation shall be made available to the supervisory authority upon request. Where necessary to verify compliance with this Article, the supervisory authority may require access to relevant testing documentation, evaluation results and controlled testing environments, subject to appropriate confidentiality safeguards.- Tabled by
- Pernando Barrena Arza
- Group
- The Left
- Targets
- GDPR Article 22
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22
1143 ~Alternative João OliveiraThe Left · ITRE–LIBE “produces legal effects concerning them or that similarly significantly affects them, unless”
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:The data subject shall have the right not to be subject to any decision based solely on automated processing, including profiling, that produces legal effects concerning them or that similarly significantly affects them, unless that decision:- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 76
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1
1144 ~Alternative Irena Joveva +5Renew · ITRE–LIBE “effect concerning them or similarly significantly affects them, unless such processing”
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:The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effect concerning them or similarly significantly affects them, unless such processing:- Tabled by
- Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
- Group
- Renew
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 76
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1
1145 ~Alternative Alex Agius SalibaS&D · ITRE–LIBE “A decision which produces legal effects for a data subject or similarly significantly affects them shall not be based solely on automated processing…”
1. A decision which produces legal effects for a data subject or similarly significantly affects
himthemorshallher maynot be based solely on automated processing, including profiling,only whereunless that decision:Justification
Changes in line with EDPB-EDPS opinion, para. 66, in line with CJEU case law.
- Tabled by
- Alex Agius Saliba
- Group
- S&D
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1
Show 8 more amendments
1146 ~Alternative Sebastian Tynkkynen +1ECR · ITRE–LIBE “when several equally effective automated processing solutions exist, the controller should use the less intrusive one when it does not result in a…”
(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;
- Tabled by
- Sebastian Tynkkynen, Diego Solier
- Group
- ECR
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 77
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – point a
1147 ~Alternative Irena Joveva +5Renew · ITRE–LIBE “is necessary for entering into, or performance of, a contract between the data subject and a data controller”
(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;- Tabled by
- Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
- Group
- Renew
- Targets
- GDPR Article 22(1)(a)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 78
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 2 – point a
1148 ~Alternative João OliveiraThe Left · ITRE–LIBE “is necessary for entering into, or performance of, a contract between the data subject and a data controller;”
(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;- Tabled by
- João Oliveira
- Group
- The Left
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 78
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – point a
1149 ~Alternative Alex Agius SalibaS&D · ITRE–LIBE “is necessary for entering into, or performance of, a contract between the data subject and a data controller;”
(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;Justification
Moved to recital 38 as per EDPB-EDPS opinion, para. 72.
- Tabled by
- Alex Agius Saliba
- Group
- S&D
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulations (EU) 2016/679 / Article 22 – paragraph 1 – point a
1150 ~Alternative Marina Kaljurand +8S&D · ITRE–LIBE “is necessary for entering into, or performance of, a contract between the data subject and a data controller;”
(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;- Tabled by
- Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec
- Group
- S&D
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 79
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – point a
1151 ~Alternative Markéta GregorováGreens/EFA · ITRE–LIBE “is necessary for entering into, or performance of, a contract between the data subject and a data controller;”
(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;- Tabled by
- Markéta Gregorová on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – point a
1152 ~Alternative Michael McNamara +3Renew · ITRE–LIBE “provided that the data subject is not a child”
(c) is based on the data subject’s explicit consent, provided that the data subject is not a child.
- Tabled by
- Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová
- Group
- Renew
- Targets
- GDPR Article 22(1)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 80
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – point c
1154 +Addition Tomas Tobé +2EPP · ITRE–LIBE “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…”
(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;
- Tabled by
- Tomas Tobé, Arba Kokalari, Jörgen Warborn
- Group
- EPP
- Targets
- GDPR Article 22 – paragraph 1 – point ca (new)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1 – point ca (new)
Paragraph 2
Changed by the Commission
Parliament amendments 3
2 propose alternative wording and 1 would add wording to paragraph 2.
249 ~Alternative Tobiasz Bocheński +1ECR · JURI “in particular determine a person’s legal status or contractual rights”
Text and details of Amendment 249 under paragraph 1
1142 ~Alternative Pernando Barrena ArzaThe Left · ITRE–LIBE “(a) is strictly necessary for entering into, or performance of, a contract between the data subject and the controller, and no less intrusive means…”
Text and details of Amendment 1142 under paragraph 1
1153 +Addition Alex Agius SalibaS&D · ITRE–LIBE “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…”
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.
- Tabled by
- Alex Agius Saliba
- Group
- S&D
- Targets
- GDPR Article 22(2)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulations (EU) 2016/679 / Article 22 – paragraphs 2, 3, 4
Paragraph 3
Rewritten by the Council on 21 May
Parliament amendments 4
1 proposes alternative wording and 3 would add wording to paragraph 3.
| Type | S&D | Greens/EFA | ECR | Rapporteur |
|---|---|---|---|---|
| ~ Alternative | · | · | · | 1 |
| + Addition | 1 | 1 | 1 | · |
By political group
- ~ Alternative Rapporteur 1
- + Addition S&D 1 Greens/EFA 1 ECR 1
Show
53 ~Alternative Aura Salla and Marina Kaljurand (rapporteurs)Rapporteurs · ITRE–LIBE “Meaningful human intervention on the part of the controller requires that the human reviewer has the authority, knowledge, and competence to modify…”
7a. In Article 22, paragraph 3 is replaced by the following:
3. In the cases referred to in points (a) and (c) of paragraph
21, 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 meaningful human intervention on the part of the controller, to express his or her point of view and tocontestchallenge the decision taken in respect of them. Meaningful human intervention on the part of the controller requires that the human reviewer has the authority, knowledge, and competence to modify the contested decision, and that they actively analyse all relevant data, not merely the output of the system.- Rapporteurs
- Aura Salla and Marina Kaljurand
- Group
- Rapporteurs
- Targets
- GDPR Article 22 – paragraph 3
- Document
- ITRE–LIBE draft report
- Printed header
- Article 3 – paragraph 1 – point 7 a (new) / Regulation (EU) 2016/679 / Article 22 – paragraph 3
1161 +Addition Markéta GregorováGreens/EFA · ITRE–LIBE “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…”
7a. In Article 22, paragraph 3 is replaced by the following:
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 meaningful human intervention on the part of the controller, to express his or her point of view and to challenge the decision taken in their regard.
Meaningful human intervention, on the part of the controller, requires that the human reviewer reviews the accuracy of the data, the logic involved in the decision and the consequences of the decision, not merely the output of the system.
The human reviewer shall have the competence, training and authority necessary to exercise that function, including for overriding automated decisions. The human reviewer shall enjoy protection from dismissal or its equivalent, disciplinary measures and other adverse treatment where they exercise their functions.
Justification
Sub-paragraph 3 based on Article 10(2) of the Platform Workers Directive (EU) 2024/2831.
- Tabled by
- Markéta Gregorová on behalf of the Verts/ALE Group
- Group
- Greens/EFA
- Targets
- GDPR Article 22 – paragraph 3
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 a (new) / Regulation (EU) 2016/679 / Article 22 – paragraph 3
1162 +Addition Dario NardellaS&D · ITRE–LIBE “In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall apply suitable measures to safeguard the data subject’s…”
3.In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall apply suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain meaningful human intervention on the part of the controller, to express his or her point of view and to contest the decision. Human intervention is meaningful when the person in charge of the review has the requisite authority, knowledge and expertise to amend the contested decision and actively analyses the set of relevant data, going beyond the outcome produced by the system. In proceedings concerning access to agricultural credit, the setting of premiums for agricultural insurance policies and the disbursement of payments under the common agricultural policy, the person responsible for the review shall also possess the technical and agronomic expertise relevant to the proceedings in question.
Justification
L’emendamento contribuisce alla riarticolazione dell’articolo 22, paragrafo 3, del regolamento (UE) 2016/679, che la proposta della Commissione non modifica, in coerenza con l’emendamento 53 del Draft Report, ma ne specifica le particolarità degli impatti sugli imprenditori agricoli europei. Alla qualificazione dell’intervento umano come significativo aggiunge il requisito della competenza tecnica e agronomica del revisore nei procedimenti che coinvolgono imprese agricole. La revisione umana di una decisione automatizzata sull’erogazione di un pagamento nell’ambito della politica agricola comune, sul merito creditizio agrario o sul premio di una polizza parametrica richiede, per essere effettiva, la conoscenza dei meccanismi di condizionalità, dei parametri agronomici e dei sistemi integrati di controllo. Il presente emendamento può essere depositato come emendamento autonomo al testo della proposta oppure come sub-emendamento all’emendamento 53 del Draft Report.
- Tabled by
- Dario Nardella
- Group
- S&D
- Targets
- GDPR Article 22 – paragraph 3
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 a (new) / Regulation (EU) 2016/679 / Article 22 – paragraph 3
1163 +Addition Francesco Torselli +1ECR · ITRE–LIBE “In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall apply suitable measures to safeguard the data subject’s…” numbered 7a
7a.In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall apply suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain meaningful human intervention on the part of the controller, to express his or her point of view and to contest the decision. Human intervention is meaningful when the person in charge of the review has the requisite authority, knowledge and expertise to amend the contested decision and actively analyses the set of relevant data, going beyond the outcome produced by the system. In proceedings concerning access to agricultural credit, the setting of premiums for agricultural insurance policies and the disbursement of payments under the common agricultural policy, the person responsible for the review shall also possess the technical and agronomic expertise relevant to the proceedings in question.
- Tabled by
- Francesco Torselli, Paolo Inselvini
- Group
- ECR
- Targets
- GDPR Article 22 – paragraph 3
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 a (new) / Regulation (EU) 2016/679 / Article 22 – paragraph 3
Provisions only Parliament amendments would add or change
7 amendments on 4 units the Commission proposal leaves unchanged
Paragraph 1a (new)New2 proposals
1155 +Addition Irena Joveva +5Renew · ITRE–LIBE “In the cases referred to in points (a), (b) and (c) of paragraph 1, the data controller shall implement suitable technical and organisational…”
1a. In Article 22, the following paragraph is inserted:
In the cases referred to in points (a), (b) and (c) of paragraph 1, the data controller shall implement suitable technical and organisational measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain genuine human intervention of the part of the controller, to express his or her point of view and to contest the decision taken, as referred to in paragraph 1. The human reviewer designated to perform such intervention shall possess the necessary competence, knowledge to understand all relevant underlining data, and shall be empowered to modify or override the decision without delay.'
- Tabled by
- Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
- Group
- Renew
- Targets
- GDPR Article 22 – paragraph 1a (new)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 82
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1a (new)
1156 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal…”
1a. In Article 22, the following paragraph is inserted:
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.'
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- GDPR Article 22 – paragraph 1a (new)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – Paragraph 1a (new)
Paragraph 1bNot amended by the Commission2 proposals
383 +Addition Virginie JoronPfE · IMCO “If a decision referred to in paragraph 1 is based on the outputs of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the…” numbered 1b
1b.If a decision referred to in paragraph 1 is based on the outputs of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the measures referred to in point (b) of paragraph 1, as well as the safeguards accompanying a decision taken in application of points (a) and (c) thereof, shall be without prejudice to the human oversight requirements imposed in Article 14 of this Regulation. In particular, the natural persons entrusted with human oversight must be able to understand properly the system’s capabilities and limitations, to interpret correctly its outputs, to remain aware of the risk of over-reliance on these outputs, and to decide not to use the system or to override, ignore or reverse its outputs. Automated processing shall not deprive the data subject of the right to seek human intervention, express personal views and contest the decision.
- Tabled by
- Virginie Joron
- Group
- PfE
- Targets
- GDPR Article 22(1b)
- Document
- IMCO amendments 329–532 to the draft opinion
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 2
1157 +Addition Julie Rechagneux +7ECR, PfE · ITRE–LIBE “Where a decision referred to in paragraph 1 is based on the output of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the…”
1b. In Article 22, the following paragraph is inserted:
Where a decision referred to in paragraph 1 is based on the output of a high-risk AI system within the meaning of Regulation (EU) 2024/1689, the measures referred to in point (b) of paragraph 1, and the safeguards accompanying a decision taken pursuant to points (a) and (c) thereof, shall be without prejudice to the human oversight requirements laid down in Article 14 of that Regulation. In particular, natural persons to whom human oversight is assigned shall be enabled to properly understand the capacities and limitations of the system, to correctly interpret its output, to remain aware of the risk of over-reliance on that output, and to decide not to use the system or to disregard, override or reverse its output. Automated processing shall not deprive the data subject of the right to obtain human intervention, to express his or her point of view and to contest the decision.'
Justification
Decisions based solely on automated processing that produce legal effects or similarly significantly affect a data subject raise particular risks where they rely on the output of a high-risk AI system. This amendment clarifies that, in such cases, the safeguards under Article 22 are without prejudice to the human oversight requirements laid down in Article 14 of Regulation (EU) 2024/1689: the natural persons to whom oversight is assigned must be able to understand the system’s capacities and limitations, to interpret its output correctly, to remain aware of the risk of over-reliance, and to disregard, override or reverse that output. It further recalls that automated processing may not deprive the data subject of the right to obtain human intervention, to express his or her point of view and to contest the decision. This ensures the coherence of the Union acquis by articulating the structural obligation of human oversight under the Artificial Intelligence Act with the individual right to human intervention under the General Data Protection Regulation.
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Targets
- GDPR Article 22(1b)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 1b (new)
Paragraph 4Not amended by the Commission
1158 +Addition Irena Joveva +5Renew · ITRE–LIBE “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)…”
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.
- Tabled by
- Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller
- Group
- Renew
- Targets
- GDPR Article 22 – paragraph 4
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 84
- Printed header
- Article 3 – paragraph 1 – point 7 / Regulation (EU) 2016/679 / Article 22 – paragraph 4
Paragraph 4a (new)New2 proposals
1166 +Addition Pernando Barrena ArzaThe Left · ITRE–LIBE “Without any prejudice to Article 35, any automated decision making under Article 22(1) of this Regulation that is likely to affect more than 100 data…”
7a. In Article 22, the following paragraph 4a is added:
Without any prejudice to Article 35, any automated decision making under Article 22(1) of this Regulation that is likely to affect more than 100 data subjects per year shall be subject to a data protection impact assessment performed by the controller.'
Justification
Automated individual decision-making under Article 22 GDPR will regularly trigger the obligation to perform a data protection impact assessment under Article 35 GDPR. However, this provision should introduce relatively hard factors triggering this obligation in cases of large-scale processing and processing of sensitive data in order to avoid situations in which a controller considers the requirements under Article 35 not to be met.
- Tabled by
- Pernando Barrena Arza
- Group
- The Left
- Targets
- GDPR Article 22 – paragraph 4a (new)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 a (new) / Regulation (EU) 2016/679 / Article 22 – paragraph 4a (new)
1172 +Addition Pernando Barrena ArzaThe Left · ITRE–LIBE “For any processing operation that is likely to entail automated individual decision making affecting and the profiling of more than 1000 data…”
7b. In Article 22, the following paragraph 4a is added:
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.'
Justification
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.
- Tabled by
- Pernando Barrena Arza
- Group
- The Left
- Targets
- GDPR Article 22 – paragraph 4a (new)
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 7 b (new) / Regulation (EU) 2016/679 / Article 22 – paragraph 4a (new)