A Study Of The Right To Anti-automated Individual Decision-making In The GDPR

At present,the Internet technology development momentum is rapid,and it brings trouble to the protection of personal data while bringing the convenience of the Internet industry.As a result,there has been a worldwide upsurge in the protection of personal data.The EU,as the earliest region to begin to protect the personal data,from the "95 Directive" to the GDPR,reflects the individual's ability to adapt to social development and adapt to social needs.Data protection legislation changes.In order to better balance the rights and obligations between the data subject and the data controller,and enhance the data master's data control power,the GDPR gives the data subject a large number of rights,and the right to anti-automated individual decision-making is one of them.To this end,this paper will analyze and introduce the right to anti-automated individual decision-making in detail,hoping to provide some reference for China's personal information protection legislation.The first part is the historical evolution of the right to anti-automated individual decision-making.Firstly,it introduces the generation and evolution of the right to anti-automated individual decision-making,from the "No.108 Convention" to the "95Directive",the "GDPR opinion draft" and then the GDPR formally passed.The right is clear from the beginning to the present,and conforms to the Internet.Development has added new content.This is followed by an update of some of the basic concepts related to the right to anti-automated individual decision-making in GDPR: personal data,classification of special types of data,and automated personal decision making,including feature analysis.The second part is the theoretical basis of the right to anti-automated individual decision-making.Judging from the legislative intent of the right to anti-automated individual decision-making,this right is to enhance the data master's data control and protect the personal data of the data subject.When the EU enacted unified legislation,it experienced a process of changing the theoretical basis of personal data protection,extending from the emphasis on privacy rights of the "No.108 Convention" and "95Directive" to the GDPR based on the general personality rights of Germany.Self-determination theory of personal information.The author focuses on the analysisof the transformation of the two theoretical foundations,in order to find the impact of the application of the right to anti-automated individual decision-making.The third part is the normative basis analysis of the right to anti-automated individual decision-making.Since there are four paragraphs in this article,the author divides it into three parts: First,the first paragraph is also the main part of the right to anti-automated individual decision-making.The author analyzes the subject,object and exercise requirements of the right to anti-automated individual decision-making.In terms of the subject,the author focuses on the analysis of both the rights subject and the obligation subject according to the GDPR regulations.In terms of object,it mainly analyzes the automated individual decision-making that has legal effect on the data subject,and has the similarly important influence on the data subject.Second,the provisions of the second and third paragraphs are mainly the exclusion provisions of the right to anti-automated individual decision-making and their corresponding legal consequences.Constraints,legal authorizations,and contracts are analyzed in the handling rules.The legal consequences analyze the obligation of the data controller to exclude the right to apply,that is,to provide the appropriate channels for the data subject to exercise the right to interfere,express speech and oppose decision-making.Third,the fourth paragraph specifies the special types of personal data processing considerations,the author explored the special category data and analyzed the processing of such data in the GDPR.