What is profiling? Profiling in the GDPR
The new General Regulation on Data Protection (RGPD), applicable since May 25, 2018, brings certain novelties in the field of data protection. In particular, profiling is regulated, since it is increasingly used by companies.
Profiling is the creation of a person's profile through automated processing of their data; among them, their demographic characteristics, interests, actions, etc.
This automated technique seeks to segment and classify information in order to obtain and analyze information on different personal aspects of individuals or users. That is, it is used to perform analysis or predictions on a multitude of issues such as professional performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
An example of profiling would be an online store that, by having an account created to buy its products, uses the data from said purchases to create a buyer profile and thus be able to offer promotions, related articles, etc. according to the user profile.
In accordance with the GDPR, companies can create profiles of people as long as they are duly informed of both their creation and its consequences.
Right of opposition of the interested party
Likewise, the interested parties have the right to oppose their data being used for profiling, alleging some reason related to their particular situation. In cases where profiling is carried out for direct marketing purposes, the interested parties may oppose, without giving any reason, their data being processed for these specific purposes.
This right to oppose must be explicitly stated and clearly presented, separate from any other information. Such manifestation of forms, at the latest at the time of the first communication with the interested party.
Profiling is a type of data processing that often leads to automated decisions. In this framework, the GDPR establishes that "Every interested party shall have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects on him or that significantly affects him in a similar way."