Collecting and analyzing people’s activity allows us to build profiles to better understand your personality, your buying habits or your behaviors. Sometimes, decisions are made automatically from this profiling, without the intervention of a human.
Profiling is the use of an individual’s personal data to analyze and predict his or her behavior, such as determining his or her work performance, financial situation, health, preferences, lifestyle habits, etc. A profiling treatment is based on the establishment of an individualized profile of a person: it aims to evaluate certain personal aspects of that person, in order to make a judgment or draw conclusions about him or her.
Profiling is frequently used, for example, to allow :
An organization may also use your profile to make a decision about you. Some of these decisions are fully automated, that is, they are made through algorithms applied to your personal data, without any human being being intervening in the process.
Often difficult to understand or to perceive, the decisions produced in an automatic way can nevertheless have significant effects on your daily life, especially if this decision :
As a matter of principle, you have the right not to be subject to a fully automated decision – often based on your profiling – that has a legal effect or materially affects you. However, an organization may automate such a decision if one of these conditions is met:
In these cases, you still have the possibility:
For example, you can object to your telephone company sending you advertising. In this case, the operator will keep your data: only a breach of contract will allow the deletion of your account and your data.
If your request of opposition does not concern prospecting, the organization will be able to justify its refusal on the grounds that :