The human and machine part in "automated" decisions. Proposals for a rewriting of article 22 of the GDPR

Emmanuel Netter (1)

1 LBNC - Laboratoire Biens, Normes, Contrats

This article, originally published in french, proposes to rewrite Article 22 of the GDPR, relating to automated decisions that use personal data and produce legal effects. The aim would be to distinguish between "open" processing operations, whose operating rules would be decided in advance and made public, and "opaque" processing operations, where the way they operate remains unknown to the recipients of the decisions. The legal regime of the former would be largely relaxed, while the regime of the latter would be clarified.

Mots clés: personal data ; automated decisions ; article 22 GDPR ; artificial intelligence ; machine learning

Domaines: Droit

Emmanuel Netter. The human and machine part in "automated" decisions. Proposals for a rewriting of article 22 of the GDPR: Translation of an article to be published in french in Vanessa Barbé, Les algorithmes et le droit, Mare et Martin. 2022. ⟨hal-03701045⟩