1. Understanding the legal provisions that allow processing and profiling of personal data—an analysis of GDPR provisions and principles
- Author
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Paul De Hert, Elena Gil González, Metajuridica, Law Science Technology and Society, Fundamental rights centre, and TILT
- Subjects
050502 law ,05 social sciences ,Vagueness ,Separation of powers ,02 engineering and technology ,Competition law ,Public international law ,020204 information systems ,General Data Protection Regulation ,Political Science and International Relations ,0202 electrical engineering, electronic engineering, information engineering ,Legal certainty ,Data Protection Act 1998 ,Profiling (information science) ,Law ,0505 law ,Law and economics - Abstract
This contribution looks at the legal grounds for data processing (‘when is one allowed to collect and use data on others?’) according to the General Data Protection Regulation (GDPR). It then addresses the specific regime for profiling both by solely automated and non-automated means. What is the most suitable lawful basis for this specific, sometimes controversial kind of processing? The vagueness and subjectivity of various relevant GDPR provisions in this matter can undermine legal certainty. Data protection principles such as transparency and overall fairness as enshrined in Article 5 GDPR may in this case serve as a resort to identify appropriate checks and balances. Additional understanding can be found outside data protection legislation—for instance, in competition law.
- Published
- 2019
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