Does GDPR Mean The End Of Machine Learning In Advertising? Articles Big Data

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The two most important sections of the GDPR for machine learning are Articles 13 and 22, which specifically spell out a data subject's rights in relation to automated processing. Article 22 states that'the data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.' GDPR essentially only allows profiling and automated decisions with the express consent of the subject, when expressly authorized by EU or member state law (including fraud and tax evasion detection), when required to ensure the security and reliability of a service provided by the controller, or when obligated to by a contract between controller and subject. Additionally, article 13 states that an individual has the right to a'meaningful explanation of the logic involved.' So even when permitted to carry out profiling, automated decision-making must ensure fair and transparent processing, use appropriate mathematical and statistical procedures, and measures must be established to ensure the accuracy of subject data employed in decisions.

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