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Comment by buzer

4 hours ago

Mostly yes.

Note the chance to object must be given before decision is made, i.e. not to give option for human review after the fact. Human must also be able to actually have meaningful chance to affect the decision.

If the decision is based on purely objective facts that are actually necessary (like you must have certain license) then human and computer always coming to same decision is likely correct and compliant, but as soon as you start putting in subjective criteria and human agrees with 100% of computer denials it becomes a lot harder to demonstrate that human is actually able to affect the decision as required by Article 5. Note that demonstration burden is on controller, not on data subject/DPA.

Objective criteria also isn't always enough by itself. If both human and computer calculate the same credit score and you must score X points to get a loan then human isn't actually able to affect the decision. Essentially the credit score calculation itself ends up being the automated decision rather than the formal rejection that is later given to data subject.