4. Regulations under paragraph 3 may not amend Article 22C.
5. Regulations under this Article are subject to the affirmative resolution procedure. ”
(2) The 2018 Act is amended in accordance with subsections (3) to (5).
(3) For sections 49 and 50 (law enforcement processing: automated individual decision-making) substitute—
“ 50A Automated processing and significant decisions
(1) For the purposes of sections 50B and 50C—
(i) it produces an adverse legal effect for the data subject, or
(ii) it has a similarly significant adverse effect for the data subject.
(2) When considering whether there is meaningful human involvement in the taking of a decision, a person must consider, among other things, the extent to which the decision is reached by means of profiling.
50B Restrictions on automated decision-making based on sensitive processing
(1) A significant decision based entirely or partly on sensitive processing may not be taken based solely on automated processing, unless one of the following conditions is met.
(2) The first condition is that the decision is based entirely on processing of personal data to which the data subject has given explicit consent.
(3) The second condition is that the decision is required or authorised by law.
50C Safeguards 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—
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;
(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;