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Knowledge base · AI in HR

May an applicant request their AI score or assessment?

Yes. An applicant has the right of access to the personal data you process about them, and a score or assessment about them is personal data. You provide a copy. If you take decisions in a fully automated way, you also give meaningful information about the logic involved and the envisaged consequences. Access must not adversely affect the rights of others.

In force now (since 25 May 2018)Trusq editorial · checked against the official textLast verified:

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Right of access

The data subject has the right to obtain confirmation whether you process their personal data and, if so, access to it [1]. Personal data is any information relating to an identifiable person [2]; a score, ranking or suitability label about a candidate falls under it. You provide a copy [3].

For automated decisions

In the case of automated decision-making as referred to in Article 22 GDPR, you also give meaningful information about the logic involved, the significance and the envisaged consequences [4].

Limits

The right to obtain a copy does not adversely affect the rights and freedoms of others [5]. You do not have to provide data on other candidates or the supplier's trade secrets, but that is no reason to refuse the score itself.

Explanation of the decision (Article 86)

In addition, an affected applicant can ask for an explanation of the role of the system and the main elements of the decision [6]. Article 86 has applied since the general date of application, 2 August 2026 [8]. The right concerns decisions based on a high-risk system from Annex III (except point 2) that produce legal effects or similarly significant adverse effects [6]. The classification rules of Chapter III apply to Annex III systems only from 2 December 2027 [7], and for systems already in use the transitional rule of Article 111(2) applies [9]. Assess per system and per decision, therefore, whether the right already applies.

What Trusq bases this on

These released rules are in Trusq and are read again with every publication; if a rule changes, this page changes with it.

  • Explanation of individual decisions on request AI Act 86

Sources

  1. [1] GDPR Art. 15(1), introductory wording (General Data Protection Regulation (GDPR), Regulation (EU) 2016/679). Right to confirmation and access.
    1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data
    Source, retrieved on 3 October 2026.
  2. [2] GDPR Art. 4(1) (General Data Protection Regulation (GDPR), Regulation (EU) 2016/679). Definition of personal data.
    (1) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’);
    Source, retrieved on 3 October 2026.
  3. [3] GDPR Art. 15(3), first sentence (General Data Protection Regulation (GDPR), Regulation (EU) 2016/679). The controller provides a copy.
    3. The controller shall provide a copy of the personal data undergoing processing.
    Source, retrieved on 3 October 2026.
  4. [4] GDPR Art. 15(1)(h) (General Data Protection Regulation (GDPR), Regulation (EU) 2016/679). In the case of automated decision-making: meaningful information about the logic, the significance and the consequences.
    (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
    Source, retrieved on 3 October 2026.
  5. [5] GDPR Art. 15(4) (General Data Protection Regulation (GDPR), Regulation (EU) 2016/679). The right to obtain a copy does not adversely affect the rights and freedoms of others.
    4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
    Source, retrieved on 3 October 2026.
  6. [6] AI Act Art. 86(1) (AI Act, Regulation (EU) 2024/1689). Right to an explanation for decisions based on an Annex III system.
    shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken.
    Source, retrieved on 3 October 2026.
  7. [7] Regulation (EU) 2026/1744 Art. 1(40)(b) (replaces AI Act Art. 113, third paragraph, point (c)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). The high-risk rules (Chapter III, Sections 1 to 3) apply to Annex III systems from 2 December 2027.
    Chapter III, Sections 1, 2, and 3, with the exception of Article 6(5), shall apply from: (i) 2 December 2027 as regards AI systems classified as high-risk pursuant to Article 6(2) and Annex III; and
    Source, retrieved on 3 October 2026.
  8. [8] AI Act Art. 113, second paragraph (AI Act, Regulation (EU) 2024/1689). The Regulation applies from 2 August 2026.
    It shall apply from 2 August 2026.
    Source, retrieved on 3 October 2026.
  9. [9] Regulation (EU) 2026/1744 Art. 1(39)(a) (replaces AI Act Art. 111(2)) (Regulation (EU) 2026/1744 (Digital Omnibus on AI)). Transition for existing high-risk systems: the Regulation applies to systems placed on the market before the date of application of Chapter III only if they undergo significant design changes from that date; Article 5 remains unaffected.
    Without prejudice to the application of Article 5 as referred to in Article 113, third paragraph, point (a), this Regulation shall apply to operators of high-risk AI systems, other than the systems referred to in paragraph 1 of this Article, that have been placed on the market or put into service before the date of application of Chapter III referred to in Article 113, only if, as from that date, those systems are subject to significant changes in their designs.
    Source, retrieved on 22 October 2026.

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This page gives general information based on the text of the law. It is not legal advice for your situation.