Automated decisions based on profiling

Information, explanation or justification –that’s the question!

Lokke Moerel, Marijn Storm

Research output: Non-textual formWeb publication/siteOther research output

Abstract

Within the academic community, the EU General Data Protection Regulation (GDPR) has triggered a lively debate regarding whether data subjects have a ‘right to explanation’ of automated decisions made about them. At one end of the spectrum, we see scholars arguing that no such right exists under the GDPR but rather a ‘limited right to information’ only.[1] Others argue that this position is based on a very narrow reading of the relevant provisions of the GDPR, and that a contextual interpretation shows that the GDPR does indeed provide for a right to explanation with respect to automated decisions.[2] We wholeheartedly agree with the latter interpretation and set out why below. That being said, we think that all sides are missing the broader context.
Original languageEnglish
Place of Publicationhttps://www.scl.org
PublisherSCL
Media of outputOnline
Publication statusPublished - 27 Apr 2018

Fingerprint

data protection
regulation
right to information
interpretation
EU
community

Keywords

  • profiling

Cite this

@misc{301fc31ab13f4b938fd87c3df8d43d50,
title = "Automated decisions based on profiling: Information, explanation or justification –that’s the question!",
abstract = "Within the academic community, the EU General Data Protection Regulation (GDPR) has triggered a lively debate regarding whether data subjects have a ‘right to explanation’ of automated decisions made about them. At one end of the spectrum, we see scholars arguing that no such right exists under the GDPR but rather a ‘limited right to information’ only.[1] Others argue that this position is based on a very narrow reading of the relevant provisions of the GDPR, and that a contextual interpretation shows that the GDPR does indeed provide for a right to explanation with respect to automated decisions.[2] We wholeheartedly agree with the latter interpretation and set out why below. That being said, we think that all sides are missing the broader context.",
keywords = "profiling",
author = "Lokke Moerel and Marijn Storm",
year = "2018",
month = "4",
day = "27",
language = "English",
publisher = "SCL",

}

Automated decisions based on profiling : Information, explanation or justification –that’s the question! Moerel, Lokke (Author); Storm, Marijn (Author). 2018. https://www.scl.org : SCL.

Research output: Non-textual formWeb publication/siteOther research output

TY - ADVS

T1 - Automated decisions based on profiling

T2 - Information, explanation or justification –that’s the question!

AU - Moerel, Lokke

AU - Storm, Marijn

PY - 2018/4/27

Y1 - 2018/4/27

N2 - Within the academic community, the EU General Data Protection Regulation (GDPR) has triggered a lively debate regarding whether data subjects have a ‘right to explanation’ of automated decisions made about them. At one end of the spectrum, we see scholars arguing that no such right exists under the GDPR but rather a ‘limited right to information’ only.[1] Others argue that this position is based on a very narrow reading of the relevant provisions of the GDPR, and that a contextual interpretation shows that the GDPR does indeed provide for a right to explanation with respect to automated decisions.[2] We wholeheartedly agree with the latter interpretation and set out why below. That being said, we think that all sides are missing the broader context.

AB - Within the academic community, the EU General Data Protection Regulation (GDPR) has triggered a lively debate regarding whether data subjects have a ‘right to explanation’ of automated decisions made about them. At one end of the spectrum, we see scholars arguing that no such right exists under the GDPR but rather a ‘limited right to information’ only.[1] Others argue that this position is based on a very narrow reading of the relevant provisions of the GDPR, and that a contextual interpretation shows that the GDPR does indeed provide for a right to explanation with respect to automated decisions.[2] We wholeheartedly agree with the latter interpretation and set out why below. That being said, we think that all sides are missing the broader context.

KW - profiling

M3 - Web publication/site

PB - SCL

CY - https://www.scl.org

ER -