GDPR·Article Article 22·high·Component: Chapter III: Rights of the Data Subject

What this control requires

This control ensures that data subjects are not subject to decisions based solely on automated processing, including profiling, that have legal effects or significantly affect them. Exemptions apply if the decision is necessary for a contract, authorized by law, or based on explicit consent. In such cases, appropriate safeguards must be in place to protect the data subject's rights. This control addresses Data Subject Rights.
— GDPR, Article Article 22

In plain English

This control ensures that data subjects are not subject to decisions based solely on automated processing, including profiling, that have legal effects or significantly affect them. In practice, this means you can prove you data consent-level controls on a defined cadence.

Why it matters

GDPR administrative fines reach the greater of €20 million or 4% of global annual turnover. The European Data Protection Board (EDPB) coordinates supervisory-authority enforcement across the EU/EEA, and DPAs publish enforcement decisions citing specific Articles.

This control is rated high. Auditors expect a named owner, a remediation SLA, and a tooling artefact that evidences continuous operation.

What an auditor looks for

A DPA or privacy auditor expects: a Records of Processing Activities (RoPA) entry, a documented lawful basis, evidence the Article's data-subject right is operationalised end-to-end, a named DPO contact (where required), and Article 30 records that match what the front-end actually does.

Within Chapter III: Rights of the Data Subject, the assessor will trace your implementation back to the catalogue reference (Article Article 22) and look for objective evidence on the latest two assessment cycles.

How to implement

Policy Management

Docs. Keep each policy in version-controlled Markdown alongside the code that implements it; ship a signed PDF snapshot at each annual review and link the SHA into the SoA.

Operational checklist

  • Data. Document the trigger, the owner and the cadence.
  • Safeguards. Document the trigger, the owner and the cadence.
  • Scope: consent, legal effects, significantly affect them, rights, data subjects.

Evidence to collect

  • Policy Document. A signed and version-controlled policy / standard / procedure document.

Signed policy or standard documents the safeguard. Focus: Automated individual decision-making, including profiling.

Common pitfalls

  • Policies that no engineer has read; the version in Confluence drifts from the version that's actually being enforced.

Related controls in GDPR

References

Topics: governance riskpolicy management