Profiling and automated decisions under General Data Protection Regulation of the European Union

Special provision regarding the automated decisions and profiling is set forth in the European Union General Data Protection Regulation art. 22 and a specific right is granted to data subjects whose personal data is processed within the scope of automated decisions and profiling that meet the conditions specified in the relevant provision. In our study, firstly, the legal and technical terms that are important regarding the relevant right in the field of personal data protection are briefly discussed, and then the discussion continues with the legal nature and conditions of the right; other rights of the data subject and the obligations of the data controller were examined. Although this right bears a resemblance to the right "to object to the occurrence of a result against the person himself/herself by analyzing the data processed solely through automated systems" regulated in Article 11, titled "Rights of the Data Subject", subparagraph (g), which can be said to have not been the subject of a comprehensive study in our country yet, of the Personal Data Protection Law no. 6698, which is the primary regulation of personal data protection of our country, in the last part of our study, the differences between the two regulations and the results of these differences are discussed; and proposals have been made that can serve the purpose of harmonization of our country's legislation with GDPR.