In a message dated 01/07/2000 22:00:25 GMT Daylight Time,
[log in to unmask] writes:
<< At what point is an automatic decision taken?
Scenario - Pieces of automated equipment at a number of locations collect
data on individuals. That data is then collated and an equation run to
produce information about the individuals. That information is then
communicated to a person(s) who without any review of the data transition to
information take further action based upon that information, which is
detrimental to the data subjects. >>
I believe the above does fall into the "automated decisions" category but in
some cases the processing will be "at the request of" the data subject, e.g.
credit referencing, ATM withdrawals, etc. The subject should already know
the rules of the contract, e.g. not taking more money than you have in the
account, not buying on credit an item over a certain value, etc.
If the detrimental decision by the computer is made based on inaccurate data
then the Principles of the DPA would come into play and compensation could be
sought. If a wrong (i.e. not within the terms of the known contract)
decision is made even though the data are accurate, the processing would be
unfair.
If the DPA did not apply in these circumstances, contract law might.
If your scenario does not involve a contract between the individual and the
data subject then of course the above would not apply and the processing may
even be unlawful or unfair, or both.
Ian Buckland
Keep IT Legal Ltd
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
|