Which decisions may a data subject refuse as automated decisions, and on what findings does that right depend?
General information · Not legal advice
Material to check
In a practice file we read the description of the system that produced the decision, to see whether it was a fully automated system including one applying AI technology; the papers showing what the decision did to the data subject's rights or obligations; and any record showing the processing rested on consent, a contract or a legal obligation, or that the decision was an automatic disposition of an administrative agency under the Administrative Framework Act.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision's own conditions closely: a data subject has the right to refuse a decision toward the personal information handler where that decision was made by processing personal information through a fully automated system, including a system applying AI technology, and where it has a significant effect on the data subject's rights or obligations.
Another reading turns on the two cut-backs written into the provision: a decision that is an automatic disposition of an administrative agency under the Administrative Framework Act falls outside the definition of an automated decision from the start, and where an otherwise covered automated decision was made on one of the particular bases the refusal provision picks out of the collection and use provision, the right to refuse does not arise.
Your judgment
If the file shows a human reviewed the outcome before it was notified, could the decision still be one made by a fully automated system?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the presidential decree on the procedures and methods for refusal and explanation requests, the necessary measures, and the disclosure of criteria and processing is amended, or if a court decision rules on when a decision with human involvement counts as fully automated.