INTRA/BA/BA007Automated decision-making about a worker
A decision producing effects for a worker taken by automated means without human intervention.
| Control | Jurisdiction | Source | What it establishes | Prerequisite or recommendation |
|---|---|---|---|---|
| BA007/EUMandatory | European Union | Regulation (EU) 2024/1689, articles 5(1)(f), 10, and 26(7), and Annex III(4)European Parliament and Council · read 11 Aug 2026Regulation (EU) 2026/1744, amending the Artificial Intelligence ActEuropean Parliament and Council · read 16 Aug 2026Regulation (EU) 2016/679, articles 5(2), 6, 9, 12, 15, 22, 35, and 88European Parliament and Council · read 11 Aug 2026 | That inferring emotions at work is prohibited, that employment and worker management are a high-risk category, what the data a high-risk system is trained and tested on have to answer for, and that representatives are told before deployment. | A person has the right not to be subject to a decision taken solely by automated processing, profiling included, that produces legal effects concerning them or affects them similarly significantly. It is open only on contractual necessity, on a Union or member state law that lays down safeguards, or on explicit consent, and on the first and the third of those the person is owed at least human intervention, the chance to put their point of view, and the right to contest the outcome. Such a decision may not rest on the article 9 categories at all save on two narrow grounds. Separately, a decision of this kind falls in the high-risk category, and the obligations that follow apply from 2 December 2027. |
| BA007/GBMandatory | United Kingdom | Regulation (EU) 2016/679 as it has effect in domestic law, articles 6, 9, 22A to 22D, and 35Retained under the European Union (Withdrawal) Act 2018 · read 30 Aug 2026 | The grounds, the closed categories, when an assessment is owed, and a rule on deciding about someone by machine that is not the Union’s. | The rule here is not the Union’s. A decision is based solely on automated processing where there is no meaningful human involvement in taking it, and how far it was reached by profiling is among the things to be weighed in judging whether the involvement was meaningful. A decision is significant where it produces a legal effect or a similarly significant one. The prohibition on taking such a decision by machine alone bites only where it rests entirely or partly on the closed categories, or where the processing relies on the recognized legitimate interests ground. Outside those it may be taken by machine alone, provided the safeguards are in place: the person is informed of the decision, can make representations about it, can obtain human intervention, and can contest it. |