Council of Europe

Protection of Individuals with Regard to Automatic Processing of Personal Data in Context of Profiling - Recommendation Cm/rec (2010)13 and Explanatory Memorandum Council of Europe

Recommendation CM/Rec(2010)13 is the first text to lay down internationally agreed minimum privacy standards in the context of profiling, to be implemented both by the public and private sector, through national legislation and self-regulation. It has been adopted by the Council of Europe and complements the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108). Profiling - the technique of observing people's behavior on the Internet, and thus collecting and using their personal data - can benefit businesses, the economy and society, as well as, in some cases, private individuals, for instance by leading to better market segmentation or by permitting an analysis of risks and fraud. However, the use of profiling techniques without precautions and specific safeguards could damage human dignity and unjustifiably deprive individuals of access to certain goods or services. The recommendation's objectives are: - to provide a coherent regulatory framework which strikes a fair balance between the interests at stake; - to ensure effective protection of the rights of data subjects and fair procedures in situations where mass quantities of data are processed; - to avoid situations where profiles give rise automatically to negative decisions, discrimination or stigmatization.