Schufa 是否意味著自動決策的終結？.pdf

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1、Does SCHUFA spell the end for Automated Decision Making?WELCOME AND INTRODUCTIONS Vivienne Artz,Data Strategy and Privacy Policy Advisor,CIPL(Moderator)Joanne Gillespie,EMEA Privacy Counsel,Visa Yukiko Lorenzo,Assistant General Counsel,MastercardA prospective borrower(referred to as OQ)was denied a

2、loan by a bank,which received a credit score relating to OQ from SCHUFA.OQ made a request to SCHUFA under Article 15(1)(h)of the EU GDPR for details about the automated decision-making(“ADM”),including profiling,defined in Article 22 of the GDPR,involved in SCHUFAs credit scoring processes.SCHUFA re

3、fused OQs request,citing trade secrets and explaining that SCHUFA had only performed preparatory acts for the lenders decision.SCHUFA claimed that the lender,not SCHUFA,made the decision to reject OQs loan application,and thus SCHUFA was not obligated to comply with OQs request under Article 15.Fact

4、ual BackgroundSCHUFAs credit score played a determining role in the granting of credit and therefore the“establishment of that value”in itself constituted a“decision”within the meaning of Article 22(1)GDPR para 50.Para 45 The broad scope of the concept of decision is confirmed by recital 71 of the G

5、DPR,according to which a decision evaluating personal aspects relating to a person,to which that person should have the right not to be subject,may include a measure which either produces legal effects concerning him or her,or,similarly significantly affects him or her.Under that recital,the term de

6、cision covers,for example,the automatic refusal of an online credit application or e-recruiting practices without human intervention.Article 22(1)GDPR must be interpreted as meaning that“the automated establishment”of a credit score by a credit information agency constitutes ADM where a bank or othe

7、r third party“draws strongly on”that value to establish,implement or terminate a loan or other contract para 62.Key Takeaways from the SCHUFA JudgmentSCHUFA was in a better position than the lender to provide“meaningful information,”including the logic behind the ADM process,to fulfill the Article 1

8、5 request paras 56&63.AG Richard De La Tours Opinion in case CK Dun&Bradstreet Austria clarifies“meaningful information about the logic involved”in ADM that the information must be(i)concise,easily accessible,clear,and formulated in plain language,explaining the method and criteria used for the deci

9、sion,and(ii)sufficiently complete and contextualized,so the person can verify its accuracy and assess if there is a verifiable consistency and causal link between the method,criteria,and the automated decisions outcome.The AG also clarified that if providing this information under the right of acces

10、s is likely to infringe the rights and freedoms of others(e.g.,the controllers trade secrets),the information should be disclosed to the relevant supervisory authority or court.Key Takeaways from the SCHUFA JudgmentCIPL PaperDecoding Responsibility in the Era of Automated Decisions-Understanding the

11、 Implications of the CJEUs SCHUFA Judgementhttps:/ you enjoy this session?Is there any way we could make it better?Let us know by filling out a speaker evaluation.1.Open the Cvent Events app.2.Enter IAPP DPI25(case and space sensitive)in search bar.3.Tap Schedule on the bottom navigation bar.4.Find this session.Click Rate this Session within the description.5.Once youve answered all three questions,tap Done.Thank you!How Did Things Go?(We Really Want To Know)