CJEU: The Rating of a Natural Person's Creditworthiness by a Credit Rating Agency Constitutes Profiling and Can Be an Automated Decision under Article 22 GDPR

authored by

Jan Horstmann

Abstract

Article 22 (1) of Regulation (EU) 2016/679 (General Data Protection Regulation) must be interpreted as meaning that the automated establishment, by a credit information agency, of a probability value based on personal data relating to a person and concerning his or her ability to meet payment commitments in the future constitutes ‘automated individual decision- making’ within the meaning of that provision, where a third party, to which that probability value is transmitted, draws strongly on that probability value to establish, implement or terminate a contractual relationship with that person.

Organisation(s)

Institute of Legal Informatics

Type

Article

Journal

European Data Protection Law Review

Volume

10

Pages

117-123

No. of pages

7

ISSN

2364-2831

Publication date

22.05.2024

Publication status

Published

Electronic version(s)

https://doi.org/10.21552/edpl/2024/1/17 (Access: Closed)