CDPSE · Question #123
A mortgage lender has created an online application that collects borrower information and delivers a mortgage decision automatically based on criteria set by the lender. Which fundamental data…
The correct answer is C. Right not to be profiled. The right not to be profiled (or, more precisely, the right not to be subject to solely automated decision-making that produces significant effects) is directly infringed here. Under frameworks like GDPR Article 22, individuals have the right not to be subject to decisions…
Question
A mortgage lender has created an online application that collects borrower information and delivers a mortgage decision automatically based on criteria set by the lender. Which fundamental data subject right does this process infringe upon?
Options
- ARight to restriction of processing
- BRight to be informed
- CRight not to be profiled
- DRight to object
How the community answered
(55 responses)- A13% (7)
- B4% (2)
- C80% (44)
- D4% (2)
Explanation
The right not to be profiled (or, more precisely, the right not to be subject to solely automated decision-making that produces significant effects) is directly infringed here. Under frameworks like GDPR Article 22, individuals have the right not to be subject to decisions based solely on automated processing - including profiling - when those decisions have significant legal or similarly significant effects, such as a mortgage approval or denial. The right to restriction of processing (A) allows a subject to limit how their data is used but is not violated by automation itself. The right to be informed (B) concerns disclosure of data practices. The right to object (D) allows opt-out of certain processing. The core issue here is the fully automated, consequential decision without human involvement.
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