European Union: Issued Advocate General opinion on Case C-203/22

On 12 September 2024, the Advocate General Richard de la Tour of the Court of Justice of the European Union delivered an opinion in Case C-203/22 regarding a dispute between CK and Dun & Bradstreet Austria about access to information on the logic behind automated credit assessments. The case concerns the interpretation of Articles 15 and 22 of the General Data Protection Regulation (GDPR), which govern access to personal data and automated decision-making, and Directive 2016/943 on trade secrets. CK was denied a mobile phone contract based on an automated credit assessment by Dun & Bradstreet Austria GmbH. She sought meaningful information on the decision-making process, arguing that the information provided was inconsistent and insufficient. The Advocate General emphasised that data subjects should have access to meaningful information about the logic of automated decisions, allowing them to verify accuracy and consistency. However, this should not extend to highly technical information like algorithms if it cannot be understood without technical expertise. If the information conflicts with trade secrets or third-party rights, it should be reviewed by a competent authority or court to balance the interests involved.