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The Impact of Profiling on Fundamental Rights

45 Pages Posted: 22 Dec 2013 Last revised: 15 Jan 2014

Valeria Ferraris

Amapola - Projects on Security and Safety of Cities and Citizens

Francesca Bosco

Tech and Law Center; United Nations Interregional Crime and Justice Research Institute (UNICRI)

Elena D'Angelo

United Nations Interregional Crime and Justice Research Institute - UNICRI

Date Written: December 12, 2013

Abstract

The respect of human rights is essential to guarantee democracy and rule of law. But in a world where new technologies fundamentally change social relations and practices, it is not always clear what human rights and the rule of law actually mean, and how respect for human rights can be safeguarded. What happens when individuals are not primarily treated as persons of flesh and blood, but on the basis of digital representations? How does automated profiling affect individuals’ fundamental rights and fundamental societal values?

This paper, one of the results of the European PROFILING project, first elaborates the concepts of profiles and digital personae and describes how profiling is used in different application areas: anti-money laundering and counterterrorism, fraud prevention, employment and education, and ehealth.

Next, the impact of profiling on fundamental values, such as autonomy and the rule of law, and fundamental rights such as privacy, data protection and non-discrimination, is discussed. The paper then analyses how the European legal frameworks, including Convention 108, the Council of Europe’s 2010 Recommendation on profiling, the European Convention on Human Rights, the Data Protection Directive and the proposed General Data Protection Regulation, deal with the challenges of profiling to fundamental rights. Based on this analysis, three possible directions for enhancing legal protection against adverse effects of profiling are identified.

Keywords: profiling, privacy, data protection, non-discrimination, European law, legal protection

Suggested Citation

Ferraris, Valeria and Bosco, Francesca and D'Angelo, Elena, The Impact of Profiling on Fundamental Rights (December 12, 2013). Available at SSRN: https://ssrn.com/abstract=2366753 or http://dx.doi.org/10.2139/ssrn.2366753

Valeria Ferraris

Amapola - Projects on Security and Safety of Cities and Citizens ( email )

Via Antinori, 8
Torino, 10128
Italy

Francesca Bosco (Contact Author)

Tech and Law Center ( email )

Piazza San Pietro in Gessate 2
Milano, MI 20122
Italy

United Nations Interregional Crime and Justice Research Institute (UNICRI) ( email )

Viale Maestri del Lavoro, 10
Turin, 10127
Italy

Elena D'Angelo

United Nations Interregional Crime and Justice Research Institute - UNICRI ( email )

Viale Maestri del Lavoro, 10
Turin, 10127
Italy

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