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Dr Filip Geburczyk
ORCID: 0000-0003-4477-3200
PhD in law, assistant professor at the Faculty of Psychology and Law of the SWPS University of Social Sciences and Humanities in Poznań. His research interests focus on the development of administrative law in the context of European integration and technological progress.
DOI: 10.33226/0137-5490.2022.5.5
JEL: K23, K24

The purpose of this article is to explore the rules of the General Data Protection Regulation (GDPR) on the admissibility of automated decision-making included in its art. 22(1). While this provision might come across as clear and unequivocal, a close investigation shows that it contains numerous ambiguities. In particular, it is not clear whether the right not to be subject to a decision based solely on automated processing should be interpreted as a general prohibition or a right to be actively exercised by the data subject, and when a decision is actually solely based on automated processing. The conducted analysis shows that art. 22(1) GDPR lacks precise language, and therefore raises questions over its adequacy for achieving the purposes of the GDPR and the protection actually afforded to data subjects.

Keywords: GDPR; automated decision-making; Art. 22(1) GDPR

PhD in law, assistant professor at the Faculty of Psychology and Law of the SWPS University of Social Sciences and Humanities in Poznań. His research interests focus on the development of administrative law in the context of European integration and technological progress.