Article 24
Amendments as tabled
Eight amendments, each tabled separately · ITRE–LIBE amendments 1565–1740 to the draft report
1661 −Deletion Pernando Barrena Arza +1The Left · ITRE–LIBE Deletes the Commission’s wording
6. in Article 24 paragraphs 1 and 2 are replaced by the following: 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.’- Tabled by
- Pernando Barrena Arza, João Oliveira
- Group
- The Left
- Targets
- EUDPR Article 24(1)
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Printed header
- Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1
1663 ~Alternative Irena Joveva +5Renew · ITRE–LIBE “affect 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 affect 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
- EUDPR Article 24(1)
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Printed header
- Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/725 / Article 24 – paragraph 1
1664 ~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
- EUDPR Article 24(1)
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Source
- Official text, page 98
- Printed header
- Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1275 / Article 24 – paragraph 1 – point a
1665 ~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
- EUDPR Article 24(1)
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Printed header
- Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1275 / Article 24 – paragraph 1 – point a
1666 ~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
- EUDPR Article 24(1)
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Source
- Official text, page 99
- Printed header
- Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1 – point a
1668 +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…”
1a. In Article 24, 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 safeguards accompanying that decision 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.'
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Printed header
- Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – Paragraph 1a (new)
1669 +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 24, 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. The human reveiwer designated to perform such intervention shall possess the necessary competance, knowledge to understand all revelant underlining data, and shall be empowered to modify or overide 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
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Source
- Official text, page 101
- Printed header
- Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1a (new)
1670 +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)…”
1c. In Article 24, the following paragraph is inserted:
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
- Document
- ITRE–LIBE amendments 1565–1740 to the draft report
- Printed header
- Article 4 – paragraph 1 – point 6 / Regulation (EU) 2018/1725 / Article 24 – paragraph 1c (new)