ARTICLE · 20 APRIL 2017

ICO Request Feedback On Profiling And Automated Decision-Making

Dentons Canada LLP

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The ICO has published a request for feedback on the GDPR rules on profiling and automated decision making.

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The ICO has published a request for feedback on the GDPR rules on profiling and automated decision making. They say it's not guidance and just initial thoughts but we think it is a good steer on what the ICO thinks are the key issues. You can respond with feedback to the ICO by 28 April or just use this to "issue spot". Both would be a pretty good use of time.

Key points:

Don't be fooled by the "legal / similar effects" threshold in Art 22. The general GDPR rules will affect lots of business operations which involve profiling. This is not just about profiling having "legal effects" like e-recruitment.
Consider the risk of unfair discrimination. How do you ensure your profiling is fair. How does that algorithm actually work? Check out "Weapons of Math Destruction" by Cathy O'Neil. What is an acceptable error rate for inferences?

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