No. 31: The Meaning of the GDPR Article 22

Details

Author(s):
  • Emily Pehrsson
Publish Date:
May 9, 2018
Publication Title:
European Union Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Emily Pehrsson, The Meaning of the GDPR Article 22, EU Law Working Papers No. 31, Stanford-Vienna Transatlantic Technology Law Forum (2018).
Related Organization(s):

Abstract

This paper proposes an interpretation of several key provisions of the General Data Protection Regulation’s (GDPR) Article 22, “Automated Individual Decision-Making, Including Profiling.” It analyzes Article 22’s text in the context of its legislative history, related EU laws, and stated purposes, to determine the rights that Article 22 creates for EU citizens as well as the obligations imposed on companies operating in the EU. The purpose of this paper is to highlight ambiguous areas of the law and suggest the interpretation that will most likely be upheld by the European Court of Justice (ECJ).