T 2.173 Inadmissible automated single-case decisions or retrievals regarding the processing of personal data

Nobody must be subjected to an automated decision entailing a negative legal consequence or significantly damaging the corresponding person. This prohibition is based on the prerequisite that the decision is exclusively based on automatically processed personal data serving for the evaluation of individual personal traits. The prohibition is not applicable, if the request of the person concerned was granted. An exception is also applicable if the person concerned was informed about the automated single-case decision and his interests worthy of protection are guaranteed by suitable safeguards. This includes the option of asserting one's position. In this case, the responsible agency is obliged to review its decision.

The person concerned must be informed about his data, forming the basis for the automated single-case decision, being processed, about the purpose, and the recipient categories. In order to be able to assert his opinion, he must furthermore be informed about the consequences entailed by processing and about the mode of operation of the specific procedure (logical structure).

Examples:

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