Automated individual decision-making and profiling [on case C-634/21 - SCHUFA (Scoring)]

نویسندگان

چکیده

Automated decision-making and profiling are finally being considered before the Court of Justice European Union (CJEU). Article 22 GDPR states that “the data subject shall have right not to be a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her similarly significantly affects her” – but its provisions raise many doubts doctrine referring court in SCHUFA case. The problem with this case law lies opacity inferences predictions resulting from analysis, particularly by AI systems whose application everyday situations determines how each us, as personal subjects, perceived evaluated others. CJEU has opportunity assess existence remedies challenge operations result reasonably justified. However, effectiveness inferred faces several obstacles. This do fact was designed for provided directly digital technologies such systems. is difficulty behind Advocate General’s Opinion.

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ژورنال

عنوان ژورنال: UNIO

سال: 2023

ISSN: ['2183-3435']

DOI: https://doi.org/10.21814/unio.8.2.4842