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Automated Decision-making Affecting the data Subject

Student: Margarita Sologubenko

Supervisor: Nikita Danilov

Faculty: Faculty of Law

Educational Programme: Information Technology and Intellectual Property Law (Master)

Year of Graduation: 2020

The master's thesis on "Automated Decision-making affecting the data subject" presents the comparative legal analysis regarding the legal regulation of automated decision-making on data subjects. The master’s thesis focuses on decisions taken on the basis based on the automated processing of personal data without human involvement. The structure of the work is determined by the research questions. The work consists of the introduction, three chapters, the conclusion, and the bibliography on the subject of the study. The first chapter presents the legal regime of data used for automated processing. The possibilities of differentiation between the notions of personal and non-personal data are considered, and the category of anonymous data is analyzed. The second chapter addresses the concept of profiling as the specific data processing method. The phenomenon of profiling as a source of knowledge about the data subject is also presented. Furthermore, a general description of algorithms used for automated decision-making is given. The chapter highlights the inherent risks of using algorithms in the process of automated decision-making. The third chapter analyses the legal regulation of automated decision-making in Russia and defines the scope of the current regulation. Conclusions are made concerning the efficiency of protection of the rights and legitimate interests of data subjects at solely automated decision-making, which produces legal effects on the data subject. The conclusion delivers the outcome of the research and providing proposals to strengthen the legal protection of the data subject in the Russian Federation.

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