Legislation – Data (Use and Access) Act 2025
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Schedule 6Automated decision-making: minor and consequential amendments
The UK GDPR
1
The UK GDPR is amended as follows.
2
(1)
Article 12 (transparent information, communication and modalities for the exercise of the rights of the data subject) is amended as follows.
(2)
In paragraph 1, for “under Articles 15 to 22” substitute “made under or by virtue of Articles 15 to 22D”
.
(3)
In paragraph 2—
(a)
for “under Articles 15 to 22”, in the first place it occurs, substitute “arising under or by virtue of Articles 15 to 22D”
, and
(b)
for “his or her rights under Articles 15 to 22” substitute “those rights”
.
(4)
In paragraph 3, for “under Articles 15 to 22” substitute “made under or by virtue of Articles 15 to 22D”
.
(5)
In paragraph 5, for “under Articles 15 to 22” substitute “under or by virtue of Articles 15 to 22D”
.
(6)
In paragraph 6, for “referred to in Articles 15 to 21” substitute “made under or by virtue of Articles 15 to 22D”
.
3
In Article 13(2)(f) (information about automated decision-making to be provided where personal data is collected from the data subject), for “referred to in Article 22(1) and (4)” substitute “which is subject to the requirement to provide safeguards under Article 22C”
.
4
In Article 14(2)(g) (information about automated decision-making to be provided where personal data is not obtained from the data subject), for “referred to in Article 22(1) and (4)” substitute “which is subject to the requirement to provide safeguards under Article 22C”
.
5
In Article 15(1)(h) (right of access by the data subject), for “referred to in Article 22(1) and (4)” substitute “which is subject to the requirement to provide safeguards under Article 22C”
.
6
In the heading of Section 4 of Chapter 3, omit “and automated decision-making”.
7
In Article 23(1) (restrictions), for “provided for in Articles 12 to 22”, in both places it occurs, substitute “arising under or by virtue of Articles 12 to 22D”
.
8
In Article 47(2)(e) (binding corporate rules), for the words from “the right not” to “Article 22” substitute “the right to protection in accordance with, and with regulations made under, Articles 22A to 22D in connection with decisions based solely on automated processing (including decisions reached by means of profiling)”
.
9
In Article 83(5) (general conditions for imposing administrative fines)—
(a)
in point (b), for “22” substitute “21”
, and
(b)
“(ba)
Article 22B or 22C (restrictions on, and safeguards for, automated decision-making);”.
The 2018 Act
10
The 2018 Act is amended as follows.
11
Omit section 14 (automated decision-making authorised by law: safeguards).
12
13
(1)
Section 52 (form of provision of information etc) is amended as follows.
(2)
In subsection (1), after “by” insert “or under”
.
(3)
In subsection (3), for “by the data subject under section 45, 46, 47 or 50” substitute “made by the data subject under or by virtue of any of sections 45, 46, 47, 50C or 50D”
.
(4)
(5)
In subsection (5), after “by” insert “or under”
.
(6)
In subsection (6), for “under sections 45 to 50” substitute “arising under or by virtue of sections 45 to 50D”
.
14
(1)
Section 53 (manifestly unfounded or excessive requests by the data subject) is amended as follows.
(2)
(3)
In subsection (3), for “under section 45, 46, 47 or 50” substitute “described in subsection (1)”
.
15
In section 149(2)(b) (enforcement notices)—
(a)
after “provision of” insert “or made under”
, and
(b)
for “22” substitute “22D”
.