Can you challenge a decision made by an algorithm?
Yes, in specific cases. Article 22 of the GDPR generally prohibits fully automated decisions producing significant legal effects, with exceptions, and guarantees a right to human intervention. For French administration, the code of relations between the public and the administration requires explicit mention and explanation of algorithmic processing.
Yes, in specific cases, and this is an important right. Article 22 of the GDPR prohibits in principle a decision producing legal effects or significantly affecting you from being based solely on automated processing, subject to exceptions. When such decisions are authorized, you have the right to human intervention, to express your point of view and to contest the decision. For the French administration, additional guarantees apply, requiring transparency and explanation of algorithmic processing.
What Article 22 of the GDPR says
You have the right not to be subject to a decision based solely on automated processing, including profiling, producing legal effects or significantly affecting you. Exceptions exist, notably explicit consent or contractual necessity, but they are accompanied by guarantees: human intervention, expression of your point of view, contestation.
The key word: solely
The protection targets entirely automated decisions, without real human intervention. A mere formal validation by a human who systematically follows the machine is not enough to escape Article 22. Human intervention must be effective.
Guarantees in the administration
The Code of Relations between the Public and the Administration requires, for individual administrative decisions based on algorithmic processing, an explicit mention informing the user and a right to obtain the main characteristics of the implementation of the processing. An individual administrative decision cannot otherwise be taken solely on the basis of automated data processing except under framed conditions.
How to act
Ask whether a decision concerning you is automated. Demand human intervention and explanation of the criteria. Contest if the decision seems unjustified. Contact the CNIL in case of non-compliance, or the judge depending on the case.
Frequently Asked Questions
Is any algorithmic decision contestable?
Those producing significant effects and based solely on automation open specific rights.
Must the administration warn me?
Yes, an explicit mention is mandatory for decisions based on algorithmic processing, with a right to explanation.
What if I am denied an explanation?
Contact the CNIL and, depending on the situation, the Defender of Rights or the administrative judge.
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