2019 Volume 3 Issue 1 Pages 25-45
This article focuses on Article 22 of the GDPR(General Data Protection Regulation) which provides a right not to be subject to a decision based solely on automated processing and explores an appropriate approach to this kind of right, which would be an important human right in an AI networked society. Because a legal meaning of such a new right has not been settled yet and because it would be difficult to discover a discrete action by a data controller that violates this right from outside, this article suggests that a paradigm shift from “action” based regulations to “structure” based approaches might occur in the GDPR and should be a core approach in this complicated AI society.
