Monday, 12 October 2009

Profiling - draft Recommendation on the Protection of Individuals with regard to Automatic Processing of Personal Data in the Framework of Profiling

Draft Recommendation

On 2 October 2009, the Council of Europe's Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS no. 108) published an 11-pg draft Recommendation on the Protection of Individuals with regard to Automatic Processing of Personal Data in the Framework of Profiling (T-PD-BUR 02 rev 4), following their 25th meeting in September 2009.

I've not had the chance to check it properly against the previous draft (see below), but the definition of "profiling" is certainly different from that in the original draft of 5 March 2009, and in my view should also include "characteristics" as well as "personal preferences, behaviours and attitudes".

For anyone not familiar with the Convention, to quote the Council of Europe's own description (and see also info on the signatories and national implementations):

"In order to secure for every individual, whatever his/her nationality or residence, respect for his/her rights and fundamental freedoms, and in particular his/her right to privacy, with regard to automatic processing of personal data relating to him/her, the Council of Europe elaborated the “Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data” which was opened for signature on 28 January 1981. To this day, it still remains the only binding international legal instrument with a worldwide scope of application in this field, open to any country, including countries which are not members of the Council of Europe."

(Via SCL - which points out the human rights rather than data protection perspective of this draft Recommendation on profiling, and contains details of who to email if anyone has comments on the draft - the consultation deadline is 31 October 2009).

Other useful background

Draft Recommendation of 5 March 2009 (02 rev - I couldn't find 02 rev 3).

Application of Convention 108 to the profiling mechanism - some ideas for the future work of the consultative committee (T-PD), report of 11 January 2008

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