Art. 29 WP issues paper on essential elements of a definition and a provision on profiling

The Article 29 Working Party has published an "Advice paper on essential elements of a definition and a provision on profiling within the EU General Data Protection Regulation", adopted on 13 May 2013

As already stated in its Opinion 01/2012 on the data protection reform proposals (WP 191) the Working Party believes that more must be done to explain and mitigate the various risks that profiling can pose.
With respect to the ongoing legislative debate in the European Parliament and the Council the Working Party proposes the following essential elements for a definition and provision on profiling within the new EU data protection legal framework
According to the press release, the Working Party makes some proposals to improve Article 20 of the General Data Protection Regulation which is the provision on profiling:
  • The scope of the provision should be broadened in order to include the collection and creation of profiles as such.
  • The lack of transparency has to be repaired by guaranteeing additional information rights and a higher level of control for individuals.
  • Accountability and responsibility of data controllers have to be strengthened by establishing specific safeguards to protect data subjects’ rights like an obligation to anonymise or pseudonymise personal data.
  • A balanced approach taking the different categories of profiling and the different risks for the individual’s rights into account is necessary; the European Data Protection Board should play a strong role by issuing guidelines on the interpretation and application of provisions on profiling.