An EU marketing company is planning to make use of personal data captured to make automated decisions based on profiling. In some cases, processing and automated decisions may have a legal effect on individuals, such as credit worthiness.
When evaluating the implementation of systems making automated decisions, in which situation would the company have to accommodate an individual's right NOT to be subject to such processing to ensure compliance under the General Data Protection Regulation (GDPR)?
- When an individual's legal status or rights are not affected by the decision.
- When there is no human intervention or influence in the decision-making process.
- When the individual has given explicit consent to such processing and suitable safeguards exist.
- When the decision is necessary for entering into a contract and the individual can contest the decision.
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