Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Section 50C is up to date with all changes known to be in force on or before 02 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
PART 3Law enforcement processing
CHAPTER 3Rights of the data subject
Automated individual decision-making
F150CSafeguards for automated decision-making
(1)
Subject to subsection (3), where a significant decision taken by or on behalf of a controller in relation to a data subject is—
(a)
based entirely or partly on personal data, and
(b)
based solely on automated processing,
the controller must ensure that safeguards for the data subject’s rights, freedoms and legitimate interests are in place which comply with subsection (2) and any regulations under section 50D(4).
(2)
The safeguards must consist of or include measures which—
(a)
provide the data subject with information about decisions described in subsection (1) taken in relation to the data subject;
(b)
enable the data subject to make representations about such decisions;
(c)
enable the data subject to obtain human intervention on the part of the controller in relation to such decisions;
(d)
enable the data subject to contest such decisions.
(3)
Subsections (1) and (2) do not apply in relation to a significant decision if—
(a)
exemption from those provisions is required for a reason listed in subsection (4),
(b)
the controller reconsiders the decision as soon as reasonably practicable, and
(c)
there is meaningful human involvement in the reconsideration of the decision.
(4)
Those reasons are—
(a)
to avoid obstructing an official or legal inquiry, investigation or procedure;
(b)
to avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;
(c)
to protect public security;
(d)
to safeguard national security;
(e)
to protect the rights and freedoms of others.
(5)
When considering whether there is meaningful human involvement in the reconsideration of a decision, a person must consider, among other things, the extent to which the conclusion reached on reconsideration is reached by means of profiling.