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Automated decision-making under French data protection law

Under Art. 10, no judicial decisions in which the behavior of persons is assessed may be based on automated data processing for the purpose of personality assessments.

However, under Art. 10 2° Law on the Relationship between the Public and the Administration (Code des relations entre le public et l’administration), individual administrative decisions are generally exempt from the general prohibition of automated decisions, except processing of special personal data (Art. 8). Nonetheless, additional information must then be given to the data subjects, under L. 311-3-1 of the Law on the Relationship between the Public and the Administration.

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