Profiling Consumers Through Big Data Analytics: Strengths and Weaknesses of Article 22 GDPR

Abstract

A new form of knowledge production that is flourishing in the Big Data age is profiling. In general, profiling means any form of discovering or constructing knowledge from large sets of data originating from a variety of sources. In a narrow sense, profiling is a way of making individual profiles, i.e. sets of characteristics, features, and attributes through which a person or group can be discerned from another person or group. Profiling is a relatively novel concept in European Union data protection law. It is defined in Article 4 (4) of the General Data Protection Regulation (GDPR). However, Article 22 of the GDPR determines the scope of protection in the case of profiling. This article focuses on an interpretation of Article 22. In addition, this article aims to give an overview of the wording, limitation and potential regulatory gaps, which exist in Article 22 of the GDPR. Big Data Analytics, algorithms, AI, GDPR, profiling, consent, contract