Section 50D: Further provision about automated decision-making

Data Protection Act 2018 · 2018 c. 12View on legislation.gov.uk

Part 3: Law enforcement processing — CHAPTER 3: Rights of the data subject

The Secretary of State may by regulations provide that, for the purposes of sections 50A(1)(a) and 50C(3)(c), there is, or is not, to be taken to be meaningful human involvement in the taking or reconsideration of a decision in cases described in the regulations.

The Secretary of State may by regulations provide that, for the purposes of section 50A(1)(b)(ii), a description of decision is, or is not, to be taken to have a similarly significant adverse effect for the data subject.

Regulations under subsection (1) or (2) may amend section 50A.

The Secretary of State may by regulations make the following types of provision about the safeguards required under section 50C(1)—

provision requiring the safeguards to include measures in addition to those described in section 50C(2),
provision imposing requirements which supplement what section 50C(2) requires the safeguards to consist of or include (including, for example, provision about how and when things described in section 50C(2) must be done or be capable of being done), and
provision about measures which are not to be taken to satisfy one or more of paragraphs (a) to (d) of section 50C(2).

Regulations under this section are subject to the affirmative resolution procedure.

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