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Article 22 GDPR on Automated Individual Decision-Making: Prohibition or Data Subject Right?

Florent Thouvenin, Alfred Früh, Simon Henseler


Article 22 of the GDPR can either be understood as a prohibition or as a data subject right. How one decides has far-reaching consequences both for the persons concerned and for the companies or public authorities that use such decision-making systems. Scholars have presented different arguments in favour of one or the other interpretation. However, with a few notable exceptions, comprehensive analyses of all relevant arguments are still missing. This paper contributes to fill this gap and attempts to complete the picture by adding two novel and important aspects: First, a systematic perspective that connects Article 22 GDPR to the future European Artificial Intelligence Act and second, a thorough teleological interpretation of Article 22 GDPR. Both these aspects tip the balance in favour of a data subject right.

Florent Thouvenin, University of Zurich, Professor of Information and Communications Law. For Correspondence: <>. Alfred Früh, University of Basel, Professor of Private Law with Focus on Life Sciences Law and Intellectual Property Law. For Correspondence: <>. Simon Henseler, University of Zurich, PhD Candidate. For Correspondence: <>


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