EU AI Act and GDPR: Tracing CJEU case law on automated processing and decision making

Dan Cooper, Anna Sophia Oberschelp de Meneses, Sam Jungyun Choi, and David Brazil of Covington analyse the recent developments.

Automated processing of personal data, and the related concept of automated decision-making (ADM) have become increasingly significant concepts. ADM, the process of making decisions through automated means without human involvement, is employed across a diverse range of contexts, such as evaluating creditworthiness before approving a loan and conducting automated aptitude tests during recruitment processes. Although ADM was already regulated under the European Community Data Protection Directive,(1) the EU General Data Protection Regulation (GDPR)(2) expanded the scope of protections for individuals subject to ADM. The significance of ADM has gained further prominence in recent years with the increasing use of artificial intelligence (AI) in decision-making and the adoption of the EU’s Artificial Intelligence Act (AI Act).(3) There has also been a growing number of court decisions at the national level and clarifications from the Court of Justice of the European Union (CJEU) that have shaped the enforcement and interpretation of data subjects’ rights relating to ADM.

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