Quality of Information, the Right to Oblivion and Digital Reputation - Discrimination and Privacy in the Information Society - page 283

we don't refer to the specific concept of “direct discrimination” or “indirect
discrimination” 19 , but to a more general notion of discrimination as “decision about
a person based on a prejudice”. It is therefore clear what kind of impact incorrect or
simply outdated information can have on the creation of an opinion about an
individual. Adopt a decision about a person based solely on an automatic processing
of information implies risks due to the use of software. The software may be based
on incorrect or outdated information; the software may be bugged; the specific case
may not have been considered by the software design.
The processing of automated profiles entails risks which cannot be ignored.
The collection, separation and processing of information run the risk of ending up
in a huge catalogue. All this raises the need to establish definite rules on data
collection, inspired by value and quality.
Moreover, we cannot ignore the fact that individuals can be discriminated
against not only when information relating them is inaccurate, out of date or
incomplete, but also when, due to the incompleteness of the information, they
have been excluded from a certain profile and thus not taken into consideration.
The risk of possible discrimination is even higher if a decision is taken without
the data subject being able to modify the data on which it is based.
Therefore the European Directive is aware of the risk of distortions and attacks
on the identity of individuals, which may occur as a result of operations of de-
contextualization of one or more items of data from their original context 20 . In this
way, according to art. 15 of the Directive: “Member States shall grant the right to
every person not to be subject to a decision which produces legal effects
concerning him or significantly affects him and which is based solely on automated
processing of data intended to evaluate certain personal aspects relating to him,
such as his performance at work, creditworthiness, reliability, conduct, etc. (...)”.
Although it has a specific aim, this provision of the Directive confirms the view
expressed in this chapter which is that the quality of information is a value to
which all personal data processing should aspire.
16.3 Quality of Information and Time and the Right to
Oblivion
Quality of information must also be guaranteed in a time dimension. Information
which is qualitatively correct at a specific moment may become inaccurate some
time later.
Time brings new events and it is possible for individuals to build themselves
new identities. Thus, if information is introduced to a different context, it might
take a negative meaning and be a source of possible discrimination.
A distorted image of an individual can in fact be created by referring to out of
context data which no longer bear any relationship to their original context of
reference. We can all too easily imagine the case in which a decision is taken
about a person on the basis of a collection of outdated information.
19 Art. 2 of “Directive 2000/78/EC establishing a general framework for equal treatment in
employment and occupation”.
20 (Nissenbaum 2009, 163).