Article 22 – Automated individual decision-making, including profiling
Text as printed
7. In Article 22, paragraphs 1 and 2 are replaced by the following:
Article 22(1) In every text (Article 22(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.
Article 22(2) In every text (Article 22(2))
The proposal's instruction covers paragraph 2, but its text contains no wording for paragraph 2, so none is shown here.
The amending passage as printed
7. In Article 22, 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 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.’