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Right to automated decision making and profiling

What is my right?

The General Data Protection Regulations (GDPR) provides protection for individuals against the risk that a potentially damaging decision is made about them without human intervention.

This right allows you (in certain circumstances):

  • to object to the Council making significant decisions about you where the decision is completely automated;
  • to access information about the reasoning behind any automated decision taken about you;
  • to ask the Council to reconsider a decision taken about you by automated means.

When does this right apply?

This right only applies if the following two requirements are met: 

 

 

Requirement 1: A decision is taken about you using personal   information processed solely by automated means (e.g. the decision is   made by a computer programme with no involvement of Council officers).

 

 

 

Requirement 2: The decision made about you (that is made solely   by automated means) has a significant effect on you.

 

Are all automated decisions about me subject to this right?

No. Sometimes decisions can be exempt even though they are taken using solely automated means and have a significant effect on you.

Exemptions apply in the following circumstances: 

  • Where a decision is taken in preparation for, or in relation to a contract with you;
  • Where the decision is authorised or required by law (e.g. for the purposes of fraud and tax evasion prevention);
  • Where you have given your explicit consent to the Council to process your information. 

To which Council services does this right apply?

Currently, there are no Council services to which this right applies. Where this right may apply to a service in the future, you will be notified of this right via the service privacy notices.

Service privacy notices can be viewed here.