§ 39 BlnDSG
Automated Individual Decision
(1)A decision based solely on automated processing which is associated with an adverse legal consequence for the data subject or which significantly affects them shall only be permissible where it is provided for in a legal provision that offers suitable safeguards for the rights and freedoms of the data subject, including at least the right to obtain human intervention on the part of the controller.
(2)Decisions pursuant to paragraph 1 shall not be based on special categories of personal data unless suitable measures have been taken to protect the rights and legitimate interests of the data subjects.
(3)Profiling that results in the discrimination of data subjects on the basis of special categories of personal data shall be prohibited. zur Einzelansicht § 39