Cauza C-634/21 pronunțată de CJUE VS. BIROUL DE CREDIT S.A. Victorie la „scor de neprezentare”. Sau cum scoring-ul este considerat un proces decizional individual automatizat și trebuie să respecte cerințele art. 22 RGPD
Case C-634/21 CJEU VS. BIROUL DE CREDIT S.A. Victory by „no contest”. Or how scoring is considered an automated individual decision-making process and must comply with the requirements of Article 22 GDPR

Summary/Abstract: The credit scoring software is deeply rooted in the banking market; the purpose of this mechanism for scoring potential clients of financial institutions is to prevent non-payment of contracted loans and to avoid granting non-performing loans. However, technical scoring solutions present critical issues related to black-box mechanisms, algorithm functioning, and vulnerabilities in the data that feed machine learning. Even though the Regulation on Artificial Intelligence has not yet come into force, jurisprudence has already been established by the Court of Justice of the European Union regarding automated individual decisions, as evidenced by the resolution of case C-634/21, which recognized that borrowers applying for bank loans have the right to explanations under Article 22 of the GDPR regarding the decision-making process of these programs.

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