Regulating Profiling in the European Data Protection Regulation: An Interim Insight into the Drafting of Article 20

Abstract

The aim of this article is to describe the creation of a new article on profiling in the new European Data Protection Regulation by outlining how different European actors have proposed to regulate profiling in six different stages of the drafting process. The article starts with (1) an examination of the European Commission’s 2012 proposal, and subsequently analyses the initial reactions of (2) European businesses, (3) fundamental rights stakeholders, (4) the LIBE-committee at the European Parliament, (5) other committees of the European Parliament and finally the (6) the reaction of the Council by the end of the summer of 2013. These descriptions will shed some light on the current dynamics within the drafting process, and will hopefully provide the reader with a fuller understanding of the final scope of a new article on profiling in the European Data Protection Regulation once it is adopted.

Keywords: profiling, data protection, privacy, European Union, European Parliament, regulation