Concern 883 · Working draft · editorial review in progress

Rights against automated decision-making

Rights concerning automated decisions address when a significant decision about a person may be made entirely by automated processing and what safeguards apply.

Understanding the concern

Many systems assist a person rather than make the final decision themselves. The distinction matters, but simply adding a nominal human step may not create meaningful judgment. The consequences matter too: a music recommendation and a decision with serious financial or legal effects are different situations.

GDPR Article 22 provides protections for specified solely automated decisions, with exceptions and safeguards. It is not a ban on all profiling or AI assistance. Think of a gate that decides who may enter an essential service: the important questions include what the gate controls, who really makes the decision and how it can be questioned. Other legal systems draw their own boundaries.

An example

An online process makes a consequential decision without a person genuinely reviewing the case.

Illustrative unless identified as a documented case.

Words in plain English

AI
Software that learns patterns from examples or uses rules to perform tasks such as recognizing images or generating text. It can make mistakes and does not understand every situation as a person would.
GDPR
The European Union's General Data Protection Regulation, a law about personal data. Specific duties and rights depend on the situation.

Evidence and its limits

This is a scoped description of Article 22, not a global right against every algorithm. Proposed amendments are distinct from the applicable enacted text.

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Broader frameworks and background

These resources provide context. They do not establish every claim in this concern.

People and organizations cited

Public writing, not endorsement, partnership, or affiliation.

International Committee of the Red Cross

A question to discuss

Is this decision effectively fully automated, how significant is it, and which protections apply?

Keep track of different views, what needs checking, and any next step in your own discussion notes.

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Principles for the conversation

Before you finish · reflect together

Virtues and principles to consider

Virtues are qualities we practice in how we treat people and make choices. They are not scores for judging someone. Use these ideas to explore what a thoughtful response could look like.

Justice

Justice means fair treatment, fair procedures, and attention to who receives benefits and burdens. It asks whether people with less power can be heard and seek repair.

Look at outcomes across different groups and individual cases. Provide a usable way to challenge decisions and correct harm. Equal wording in a policy does not guarantee equal treatment in practice.

Ask together: Who benefits, who bears the cost, and who can challenge the decision?

Accountability

Accountability means being answerable for decisions and taking responsibility for repair. It requires more than saying that the software made the choice.

Name the person or team responsible, keep useful records, and give them authority to correct problems. Make the route to a complaint clear to the people affected.

Ask together: Who will answer for the outcome and help put things right?

Dignity

Dignity means recognizing each person's worth regardless of usefulness, status, or a system's score. People deserve respect and a voice in matters that affect them.

Explain important decisions, avoid humiliating treatment, and keep room for a person's story. Do not treat a prediction as a complete account of who someone is.

Ask together: Does this use treat each person as someone whose experience matters?

Editorial ratings

These are editorial judgments from the register, not measured probabilities or predictions about your situation.

Severity
Serious · 3/5
Likelihood
Documented · 3/5
Time horizon
Now
Register risk score
9
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