BILETA Response to ICO Consultation on the Draft Guidance about Automated Decision-Making, Including Profiling

This document constitutes the formal response of the British and Irish Law, Education and Technology Association (BILETA) to the Information Commissioner’s Office (ICO) consultation on the draft guidance concerning automated decision-making (ADM) and profiling. Developed by experts in technology law and policy, this submission evaluates the regulatory implications of the updated ADM framework following the introduction of the Data (Use and Access) Act 2025 (DUAA). The response critically analyzes the proposed guidance through the lens of data protection, privacy, and due process, with a particular focus on the deployment of artificial intelligence. Key areas of evaluation include the requirement for meaningful human involvement, the necessity of robust transparency and explainability safeguards, and the protection of fundamental rights against algorithmic profiling. By offering evidence-based recommendations, BILETA aims to ensure that the finalized ICO guidance strikes an appropriate balance between fostering responsible technological innovation and upholding rigorous legal safeguards for individuals subject to automated decisions.