The data protection regime in terms of the Protection of Personal information Act (Popia) provides for a number of rights to individuals in relation to their personal information and information privacy. Transparency and consent are important aspects of respecting and enabling such fundamental rights to be exercised and enforced by data subjects. When machines make decisions and artificial intelligence (AI) informs the outcome in relation to individuals, Popia cannot be ignored. A fundamental right afforded to a data subject relates to automated decisions being taken without human oversight or intervention. The example often used is adverse credit decisions being taken automatically. However, it can equally encompass such adverse decisions and activities as so-called neutral algorithmic processing and a range of information and result outputs. Examples could include search rankings and priorities, search suggestions, search prompts, auto-suggest and more. Other examples could arise ...

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