In the second of a 3-part series, Aladdin explains the concerns of GenerationD with the GDPR, with a specific focus on Article 20 on ‘profiling’.
The video demonstrates some of the possible outcomes of the legislative negotiations on the Data Protection Regulation (GDPR). In the first scenario, #GenerationD ends up frustrated by the impractical nature of the GDPR, and in the second, the GDPR has been modernised and empowers #GenerationD.
In the first scenario, Aladdin wants to employ modern analytics on large data sets (‘Big Data’) to identify people who have been robbed of their identities, and also to identify a person he suspects of human trafficking. The data subjects are both the ’slaves’ and the ’slaver’.
This kind of analytics is clearly covered by the Commission’s proposal for Article 20. It will clearly have significant effects of both a legal and non-legal nature on the data subjects. It is to be based on automated processing, and is meant to evaluate a broad set of aspects relating to them, including economic situation, location, and next moves (behaviour). Article 20 makes this type of processing conditional on either a contract, a specific Member State or EU law allowing it, or the data subjects’ explicit consent. Clearly it is impossible to get the first or the third in this case, as neither the victims nor the slavers are going to sign a contract. Neither Aladdin’s very ‘legitimate interests’ or any other legal basis is contemplated. In the absence of a contract with the data subjects, specific laws permitting profiling for this purpose, or the data subjects’ explicit consent, the Genie has no choice but to refuse Aladdin.
The video also shows our hope that everyone would agree this would be the wrong outcome; that ‘Big Data’ & predictive analytics (unfortunately called ‘profiling’ in the proposal) can be used for many purposes that are beneficial or harmless to the data subject or broader society. If Europe shuts itself off from such processing, the power and value of this technology will find a home elsewhere. That is why Aladdin is shown, in the second scenario, rubbing a more modern lamp and getting things done, empowered by data.