A person has a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her unless the decision:
- Is necessary for entering into, or performance of, a contract between the individual and the Board, or
- Is authorised by law which also lays down suitable measures to safeguard the individuals rights and freedoms and legitimate interests, or
- Is based on the individual’s explicit consent.
In these cases, a person has a right to ask for human intervention in the decision making or to all his or her point of view to be presented and to contest the decision.
Automated decisions will not be made that involve a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying person, data concerning health or data a person's sex life or sexual orientation unless:
- The individual has provided their explicit consent, or
- Processing is necessary for reasons of substantial public interest and based upon a law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of individuals.