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Accurate provision of information for automated decision making

PrintMailRate-it

published on 22 November 2023 | reading time approx. 2 minutes


It is no secret that processing of data by automated tools is becoming more and more popular these days. Also, engaging artificial intelligence (AI) in processing of personal data is nothing unusual.

Keeping that in mind special attention shall be brought to personal data processing by automated and AI tools which in practice are being used by credit institutions, retailers, and e-commerce platforms. For example, if a person applies for a loan or amendments thereto online and the application is evaluated using a certain algorithm, and a decision is made to deny the loan or requested amendments thereto without human intervention, such decision might have negative impact on the person’s financial well-being. 

Therefore, it is crucial for the businesses, when planning and structuring respective automated processes, to explicitly inform persons beforehand how their data will be used and that the decision will be made automatically. 

This explanation shall also provide information on the right to object to automated data processing because everyone has the right to object to a decision not being made regarding them based solely on automated processing. If in a certain case the decision is made by, for instance, AI, then respective organization that uses AI in making such a decision must inform the person, giving the opportunity to object to this decision and also provide a possibility to request the involvement of the real person in the decision making. 

Furthermore, if a person believes that the algorithmic decision for denying some of the services may be biased, he or she shall have the right to request that their inquiries are reviewed by an employee of the organization, and this organization must comply with the person’s request. Otherwise, if such information is not displayed or complied with, it can be considered as violation of Articles 12, 13, 14 and 21 (1) of General Data Protection Regulation.

Considering the above, when structuring any new processing activity or adjusting existing practices by involving automated or AI tools, organizations must address the aspect of accurate provision of information for automated decision making.​

DATA PROTECTION BITES

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Staņislavs Sviderskis

Assistant Attorney, Certified Data Protection Specialist

Senior Associate

+371 6733 8125

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