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Research opportunity · Regulation-in-Practice: Rights, Compliance & Developmental Steering

How often do people use GDPR rights over automated decisions, and what happens?

Earlier version (v1)

This is RO-LD12-01 as it was published at v1, kept unchanged. The current version is v2; its changes are listed there.

Question

After the Court of Justice's 2025 ruling that people subject to automated decisions are owed meaningful information about the procedure and principles actually applied, how many explanation and objection requests do data subjects make in a few high-exposure sectors (credit scoring, insurance, platform work), how do organizations answer them, and how many escalate to a data protection authority or court and with what outcome?

Not yet measuredOne PhD chapter or paperLow costPartly addressed

Why it matters

The debate finds that the strongest realized rights protection around AI currently comes from the GDPR and the courts, but it can only say what the law entitles people to, not how often the entitlement is used or whether it changes anything. Without use and outcome figures, it is impossible to tell whether the rights function of AI regulation is a working channel or a mostly symbolic one.

The debate lists this among what we still do not know: remedy-use rates under GDPR automated-decision rights

Evidence that motivates it

A possible design

Three linked components. (1) Administrative counts: freedom-of-information requests to the data protection authorities of 8–10 EU countries asking for the number of complaints since 2022 that invoke Article 15(1)(h) or Article 22, their sector and their disposition, plus a coded set of all published decisions and court rulings on these articles (GDPRhub and national databases) before and after the February 2025 ruling. (2) A field audit: with consenting volunteers who have actually been subject to credit, insurance or platform-work decisions, send standardized access and explanation requests to 60–100 organizations and code the replies against the standard the Court set (what procedure and principles were applied, which personal data mattered, how a different input would change the result). (3) Follow-up of unsatisfactory replies through complaints to the authority, recording time to resolution and outcome. Compare replies sent before and after the ruling where earlier studies give a baseline.

Data needed

FOI responses from data protection authorities; published decisions (GDPRhub, national case-law portals); a volunteer panel of real data subjects with ethics approval; a coding scheme derived from the ruling.

Feasibility

One PhD chapter or paper. Low: mostly researcher time; small incentives for volunteers; translation help for non-English authorities. Authorities often do not code complaints by article, so the FOI component may return partial or no counts; that gap is itself a finding but should be planned for. Requests must be made by or with the consent of the real data subject.

Has this been done?

Partly done already: related work covers some of this question (first-pass screen of 12 October 2026; not yet checked in depth).

Earlier work surveyed authorities about how Article 15(1)(h) requests are handled (Custers and Heijne, data collected 2020–2021) and sent information requests to a convenience sample of 100 organizations, mostly in Germany (Wulf and Seizov); volunteer insurance customers in five countries sent premium-setting requests to 26 insurers (Dexe et al.); and the Future of Privacy Forum analysed more than 70 decisions qualitatively. Wulf and Seizov's UK survey asked whether people had ever made any information request (about 10% had), but none counts requests or complaints about automated decisions specifically, none measures outcomes of escalated complaints, and none was found that tests replies against the standard set by the February 2025 Court of Justice ruling.

How strong this evidence is

Nearest work found

Search queries used
  • empirical study use of GDPR Article 22 right to explanation requests data subjects automated decision complaints data protection authorities
  • Article 15 access requests automated decision-making explanation audit study researchers sent subject access requests algorithm
  • GDPRhub case law analysis Article 22 automated decisions court decisions empirical review Dun & Bradstreet C-203/22 aftermath
  • data protection authority statistics complaints automated decision-making Article 22 number of complaints annual report freedom of information study

Provenance

RO-LD12-01 v1. Drafted by Claude (SocioLens Project Lead), AI-drafted from the LD-12 debate on 2026-10-12. Checked by an independent AI reviewer with fresh context (not a person), 12 October 2026: every nearest-work citation checked against its source page; corrections applied. Not yet reviewed by a domain expert. This is a research hypothesis, not a finding.

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