Database Reference
In-Depth Information
Chapter 7
Risks of Profiling and the Limits of Data
Protection Law
Bart Schermer
1
Abstract.
Profiling and automated decision-making may pose risks to individuals.
Possible risks that flow forth from profiling and automated decision-making in-
clude discrimination, de-individualisation and stereotyping. To mitigate these
risks, the right to privacy is traditionally invoked. However, given the rapid tech-
nological developments in the area of profiling, it is questionable whether the right
to informational privacy and data protection law provide an adequate level of pro-
tection and are effective in balancing different interests when it comes to profiling.
To answer the question as to whether data protection law can adequately protect
us against the risks of profiling, I will discuss the role of data protection law in the
context of profiling and automated decision-making. First, the specific risks asso-
ciated with profiling and automated decision-making are explored. From there I
examine how data protection law addresses these risks. Next I discuss possible
limitations and possible drawbacks of data protection law when it comes to the is-
sue of profiling and automated decision-making. I conclude with several sugges-
tions to for making current data protection law more effective in dealing with the
risks of profiling. These include more focus on the actual goals of data processing
and 'ethics by design'.
7.1 Introduction
Profiling, the application of profiles to individuate and represent a subject or to
identify a subject as a member of a group or category (Hildebrandt 2008), is
commonplace in our data-driven information society. While profiling may have
many benefits for businesses, the government and citizens themselves, there are
also potential risks for data subjects attached to profiling. To mitigate these risks,
traditionally the right to (informational) privacy is invoked. However, given the
Search WWH ::
Custom Search