CLAIM-2026-09-17-08

In Case C-634/21, SCHUFA Holding (Scoring), judgment of 7 December 2023, the Court of Justice held that the automated establishment of a probability value constitutes automated individual decision-making within Article 22(1) GDPR where a third party to whom it is transmitted draws strongly on it.

Why it matters

An agent that only ranks, never rejects, is not outside Article 22 if the human downstream follows the ranking. The design question is whether the human actually diverges from it.

Sources

• courtofjust2023judgment
• eurlex2016regulatio