Seminar 21 - ADM & Profiling

Question 1

Can ADM and profiling overlap?

Answer 1

Yes

Question 2

What is profiling?

Answer 2

Profiling basically aims at putting people into categories based on data.

Question 3

What is the definition of profiling? And where is that found in the GDPR?

Answer 3

● Art. 4(4): The GDPR defines profiling as: any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person.

Question 4

Where is the General prohibition on solely automated decision making?

Answer 4

● GDPR Art. 22(1):

Question 5

When is ADM allowed?

Answer 5

● GDPR Art. 22(2): automated decision making should be allowed, when:
○ a) necessary for the performance of or entering into a contract
○ b) authorized by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests
○ (c) based on the data subject’s explicit consent (car-insurance based on driving habits)

Question 6

Is ADM with children’s data legal?

Answer 6

recital 71 says that solely automated decision-making, including profiling, with legal or similarly significant effects, should not apply to children.