L 119/14
(71)
EN
Official Journal of the European Union
4.5.2016
The data subject should have the right not to be subject to a decision, which may include a measure, evaluating
personal aspects relating to him or her which is based solely on automated processing and which produces legal
effects concerning him or her or similarly significantly affects him or her, such as automatic refusal of an online
credit application or e-recruiting practices without any human intervention. Such processing includes ‘profiling’
that consists of any form of automated processing of personal data evaluating the personal aspects relating to a
natural person, in particular to analyse or predict aspects concerning the data subject's performance at work,
economic situation, health, personal preferences or interests, reliability or behaviour, location or movements,
where it produces legal effects concerning him or her or similarly significantly affects him or her. However,
decision-making based on such processing, including profiling, should be allowed where expressly authorised by
Union or Member State law to which the controller is subject, including for fraud and tax-evasion monitoring
and prevention purposes conducted in accordance with the regulations, standards and recommendations of
Union institutions or national oversight bodies and to ensure the security and reliability of a service provided by
the controller, or necessary for the entering or performance of a contract between the data subject and a
controller, or when the data subject has given his or her explicit consent. In any case, such processing should be
subject to suitable safeguards, which should include specific information to the data subject and the right to
obtain human intervention, to express his or her point of view, to obtain an explanation of the decision reached
after such assessment and to challenge the decision. Such measure should not concern a child.
In order to ensure fair and transparent processing in respect of the data subject, taking into account the specific
circumstances and context in which the personal data are processed, the controller should use appropriate
mathematical or statistical procedures for the profiling, implement technical and organisational measures
appropriate to ensure, in particular, that factors which result in inaccuracies in personal data are corrected and
the risk of errors is minimised, secure personal data in a manner that takes account of the potential risks
involved for the interests and rights of the data subject and that prevents, inter alia, discriminatory effects on
natural persons on the basis of racial or ethnic origin, political opinion, religion or beliefs, trade union
membership, genetic or health status or sexual orientation, or that result in measures having such an effect.
Automated decision-making and profiling based on special categories of personal data should be allowed only
under specific conditions.
(72)
Profiling is subject to the rules of this Regulation governing the processing of personal data, such as the legal
grounds for processing or data protection principles. The European Data Protection Board established by this
Regulation (the ‘Board’) should be able to issue guidance in that context.
(73)
Restrictions concerning specific principles and the rights of information, access to and rectification or erasure of
personal data, the right to data portability, the right to object, decisions based on profiling, as well as the
communication of a personal data breach to a data subject and certain related obligations of the controllers may
be imposed by Union or Member State law, as far as necessary and proportionate in a democratic society to
safeguard public security, including the protection of human life especially in response to natural or manmade
disasters, the prevention, investigation and prosecution of criminal offences or the execution of criminal
penalties, including the safeguarding against and the prevention of threats to public security, or of breaches of
ethics for regulated professions, other important objectives of general public interest of the Union or of a
Member State, in particular an important economic or financial interest of the Union or of a Member State, the
keeping of public registers kept for reasons of general public interest, further processing of archived personal data
to provide specific information related to the political behaviour under former totalitarian state regimes or the
protection of the data subject or the rights and freedoms of others, including social protection, public health and
humanitarian purposes. Those restrictions should be in accordance with the requirements set out in the Charter
and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.
(74)
The responsibility and liability of the controller for any processing of personal data carried out by the controller
or on the controller's behalf should be established. In particular, the controller should be obliged to implement
appropriate and effective measures and be able to demonstrate the compliance of processing activities with this
Regulation, including the effectiveness of the measures. Those measures should take into account the nature,
scope, context and purposes of the processing and the risk to the rights and freedoms of natural persons.