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Data Protection Leader
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Volume: 14 Issue: 5
(May 2017)

profiling gdpr

eduardo ustaran


Editorial: Profiling - sense and sensibility

One of the most controversial and poorly understood aspects of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) is the concept of ‘profiling.’ Being a defined term, one would have thought that any room for confusion would be limited, but the level of misunderstanding about this concept is wide and far-reaching. The different legal treatment that profiling receives under the GDPR - depending on its effect - complicates things from the outset. Coupled with the general confusion surrounding the appropriate lawful ground for this type of data activity, as widespread as it is, profiling is bound to become a key focus of attention for regulators. So how can we make sense of all this?

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