rulingConcluded

Court of Justice of the European Union SCHUFA Holding AG (automated credit scoring)

December 7, 2023 · Germany · Credit reporting

In OQ v Land Hessen (Case C-634/21, the 'SCHUFA' ruling), the Court of Justice of the EU held that the automated calculation of a credit-score probability value by a credit-reference agency is an 'automated individual decision' under Article 22 GDPR where a third party draws strongly on that score to decide on the person. The judgment brings AI/algorithmic credit-scoring within Article 22's prohibition-plus-safeguards regime and its transparency duties.

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