Introduction and importance of profiling:
Profiling is the automated processing of personal data to evaluate or predict certain personal aspects about an individual. It is often used to offer personalized content or advertising. The GDPR sets strict requirements for profiling to protect the rights of data subjects. Here are the requirements explained in detail:
Consent and transparency (Article 6, Article 7 and Article 22 GDPR):
- Consent: Websites must obtain explicit consent from users before applying profiling techniques. This consent must be specific, informed and voluntary.
- Transparency: Users must be provided with detailed information about the type of profiling, the data used, the purposes of the profiling and the possible consequences. This information should be included in the privacy policy.
Right to object (Article 21 GDPR):
- Right to object: Users have the right to object to profiling at any time. Websites must provide clear and simple mechanisms to exercise this right.
Automated decisions (Article 22 GDPR):
- Automated decisions: Users have the right not to be subjected to a decision based solely on automated processing which produces legal effects or similarly significantly affects them. Exceptions are only permitted under certain conditions, such as when the decision is necessary for entering into or fulfilling a contract.
Relevant articles of the GDPR:
- Article 6: Lawfulness of processing
- Article 7: Conditions for consent
- Article 21: Right to object
- Article 22: Automated individual decisions, including profiling
Summary:
Websites that use profiling techniques must obtain the explicit consent of users and provide them with comprehensive information about the data processing. Users must have the opportunity to object to profiling and not be subjected exclusively to automated decisions. Compliance with these requirements improves the protection of users’ privacy and ensures compliance with the GDPR.
