The Data Protection Act gives you, as an individual, a limited right to prevent significant decisions being taken about you solely by automatic processing. This affects only those decisions made by a computer where there is no human involvement in the decision. It could include, for example, a decision about your performance at work or your credit worthiness.
You also have the right to be told, as soon as reasonably possible, when this type of decision has been made about you.
What can you do to stop this type of processing?
You can write to an organisation telling them not to make decisions about you on this basis. It would be advisable to send your letter by recorded delivery and keep a copy.
The organisation has 21 days to tell you how they intend to respond to your objection. They can either reconsider any decision they have made or make a fresh decision not just using a computer. If you are not satisfied with the response, you can go to court and the court can order the organisation to reconsider the decision they have made or take a new decision on a different basis.
Some fully automated decisions are exempt from these provisions. These are where the decision is taken
- in relation to entering or carrying out a contract, or
- is authorised or required by an Act of Parliament, and
- the decision results in the granting of a request you have made, or
- steps have been taken to safeguard your legitimate interests, such as, there is an appeal to the decision.