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CIPT Exam - Question 70

An EU marketing company is planning to make use of personal data captured to make automated decisions based on profiling. In some cases, processing and automated decisions may have a legal effect on individuals, such as credit worthiness.

When evaluating the implementation of systems making automated decisions, in which situation would the company have to accommodate an individual's right

NOT to be subject to such processing to ensure compliance under the General Data Protection Regulation (GDPR)?

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Correct Answer: AB

According to GDPR, individuals have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or significantly affects them. However, this right does not apply if the decision is necessary for entering into a contract, authorized by Union or Member State law, or based on explicit consent with appropriate safeguards. Therefore, the company does not have to accommodate this right when the individual's legal status or rights are not affected by the decision.

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PaigeH7Option: D
Mar 23, 2024

When the decision is necessary for entering into a contract and the individual can contest the decision: Here, the GDPR recognizes the right to object. If the decision affects contract terms, individuals can contest it.