Thursday, 31 May 2018

The Computer Says No. To Hell With That!

'If I hear any more about that b...dy  European General Data Protection Regulation, I shall tear the brains out of my laptop and spew them over the pavement.' Steady on. There is good news about one way in which the new law - it is in the Data Protection Act 2018 which worship the Regulation and vast chunks of it came into force on 25 May 2018- can help you.


If you now become subject to what the new law refers to as a 'significant decision made solely on automated processing' then you can challenge it. We are here looking at sole automated decisions such as on-line computer refusals of applications for a mortgage or other credit or on-line aptitude tests when you have applied for a job. Whoever you have applied to must tell you as soon as practicable and in writing that a solely automated decision has been made. Then you have up to one month from notification to ask for a reconsideration of that decision or, better still, a new decision not based solely on automation. That request should be acted on without undue delay but anyway within one month but, if necessary, the one month period can be extended for up to two months.

See Data Protection Act 2018 s 14 and General Data Protection Regulation articles 12(3) and 22(2)(b).