ai-automated-decisions

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AI Automated Decision-Making and Human Oversight

Overview

GDPR Article 22 grants data subjects the right not to be subject to decisions based solely on automated processing, including profiling, which produce legal or similarly significant effects. The EU AI Act Art. 14 supplements this with specific human oversight design requirements for high-risk AI systems. Together, these provisions require organisations to identify when AI systems make consequential decisions, ensure meaningful human intervention where required, provide explainable decision logic, and offer effective contestation mechanisms. This skill provides the complete framework for Art. 22 compliance and AI Act human oversight implementation.

Art. 22 Scope and Applicability

Three Cumulative Conditions

Art. 22(1) is triggered only when all three conditions are met:

Condition Requirement AI Application
1. Decision A decision is made (not merely a recommendation or input) The AI output directly determines an outcome — no genuine human decision-making step between AI output and action
2. Solely automated Based solely on automated processing including profiling No meaningful human intervention in the decision chain; rubber-stamping does not constitute human intervention
3. Legal/significant effects Produces legal effects or similarly significantly affects the data subject Affects legal rights, contractual status, access to services, financial outcomes, or other significant life impacts

"Solely Automated" — EDPB Interpretation

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