AUTOMATED PROFILING: MINDING THE MACHINE: ARTICLE 15 OF THE EC DATA PROTECTION DIRECTIVE AND AUTOMATED PROFILING

Abstract

In this paper, an analysis is carried out of Art. 15 of the 1995 EC Directive on data protection. 1 1 Directive 95/46/EC of the European Parliament and of the Council of 24.10.1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (O.J. L 281, 23.11.1995, p. 31 et seq.) – hereinafter also termed simply “Directive”. Article 15 grants persons a qualified right not to be subject to certain forms of fully automated decision making. It is one of the most intriguing and innovative provisions of the data protection Directive yet also one of the most difficult to construe properly. The central issue taken up in this paper concerns the extent to which Art. 15 may have a meaningful impact on automated profiling practices.