WP29: Guideline for profiling and automated decision-making

19. October 2017

The Article 29 Data Protection Working Party (WP29) adopted a guideline for the automated individual decision-making and profiling which are addressed by the General Data Protection Regulation (GDPR). The GDPR will be applicable from the 25th May 2018. WP29 acknowledges that “profiling and automated decision-making can be useful for individuals and organisations as well as for the economy and society as a whole”. “Increased efficiencies” and “resource savings” are two examples that were named.

However, it was also stated that “profiling and automated decision-making can pose significant risks for individuals’ rights and freedoms which require appropriate safeguards”. One risk could be that profiling may “perpetuate existing stereotypes and social segregation”.

The Guideline covers inter alia definitions of profiling and automated decision-making as well as the general approach of the GDPR to these. It is addressed that the GDPR introduces provisions to ensure that the use of profiling and automated decision-making does not have an “unjustified impact on individuals’ rights” and names examples, such as “specific transparency and fairness requirements” and “greater accountability obligations”.