Profiling

Profiling

The regulation defines profiling as any automated processing of personal data to determine certain criteria about a person.  “In particular to analyse or predict aspects concerning that natural person’ s performance at work, economic situation, health, personal  preferences,  interests, reliability, behaviour, location or movements”.

This will certainly impact some marketing processes and services – although the extent of this impact is yet to be understood – where does profiling finish and selection start? Full personalisation and other ad serving techniques for example rely on a degree of selection normally built on profiles of behaviour or purchase – is explicit consent for this now required? It looks this way.

Individuals have the right not to be subject to the results of automated decision making, including profiling, which produces legal effects on him/her or otherwise significantly affects them. So, individuals can opt out of profiling.

Automated decision making will be legal where individuals have explicitly consented to it, or if profiling is necessary under a contract between an organisation and an individual, or if profiling is authorised by EU or Member State Law.