Table of contents
- What is meant by personal data profiling
- What is personal data profiling
- How the profiling process works
- Profiling of data subjects and explicit consent
- Types of data profiling
- Risks and challenges of automated profiling
- Profiling in digital marketing
- Profiling and cyber security
- Data subjects’ rights in profiling
- Ensuring ethical and compliant profiling
What is meant by personal data profiling
Have you ever noticed how a website or social network seems to “know” what you’re interested in, showing you personalized ads or content? Behind this apparent magic lies a complex process called data profiling, one of the most delicate issues in today’s digital world.
But what is meant by personal data profiling? In simple terms, it is a set of automated operations that make it possible to assess certain personal aspects of a natural person, with the aim of analyzing or predicting aspects of their behavior, preferences, or professional performance.
In the context of personal data protection, data profiling represents one of the most powerful yet risky practices. It can bring enormous benefits to companies and users alike, from service personalization to fraud prevention. However, if mismanaged, it can easily turn into an invasion of privacy.
This article explores how the profiling process works, which data are used, when explicit consent and human intervention must be required, and how European legislation particularly the GDPR protects individuals whose personal data are being processed.
What is personal data profiling
Personal data profiling is defined in Article 4, paragraph 4 of Regulation (EU) 2016/679 (GDPR) as “any form of automated processing of personal data consisting of using such data to evaluate certain personal aspects relating to a particular natural person, in particular to analyze or predict aspects concerning that person’s professional performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.”
In other words, profiling can be considered a subset of personal data processing, with the main goal of creating a digital profile of the individual based on information collected online or offline.
Such information may be gathered from multiple sources: web forms, cookies, social media, loyalty cards, geolocation systems, or purchase activities.
The profiling process is therefore a mechanism that, through artificial intelligence techniques and big data analytics, can identify behavior patterns and predict future actions for example, which products a user is likely to buy or what type of content they are most likely to read.
How the profiling process works
The profiling process is based on three main phases:
- Data collection
Personal data are collected through forms, cookies, registrations, or online tracking. At this stage, the data must be processed in accordance with the principles of transparency and minimization set out by the GDPR. - Automated analysis
Data are processed by artificial intelligence or machine learning algorithms to assess certain personal aspects of users. - Profile creation
Based on the results, a profile is built and used to predict aspects concerning a person’s behavior, preferences, or professional performance.
It is important to emphasize that profiling can be carried out automatically, but the GDPR establishes that, in the presence of automated decision-making processes, the individual has the right to request human intervention and not to be subjected to decisions based solely on such automation.
This principle is essential to ensure that data processing does not compromise the fundamental rights and freedoms of individuals.
Profiling of data subjects and explicit consent
The profiling of data subjects in the processing of personal data usually requires the explicit consent of the user.
Such consent must be freely given, specific, informed, and unambiguous, as set out in Articles 6 and 7 of the GDPR. In practice, before data are collected and used for profiling purposes, the user must be clearly informed about the purposes of processing and must be able to choose whether to accept or refuse it.
For instance, when a website uses marketing or profiling cookies, it must display a clear notice and allow users to refuse consent without affecting normal browsing.
This is crucial, because profiling can significantly affect personal privacy and individual freedoms, influencing commercial or even political decisions that concern the person.
Types of data profiling
Not all data profiling activities have the same purpose or level of risk. We can distinguish three main categories:
- Commercial profiling
Aimed at personalizing offers, advertisements, and promotions; it is the most common and visible to users. - Behavioral profiling
Based on the analysis of online movements to understand habits and consumer preferences. - Predictive profiling
Uses statistical models and machine learning algorithms to analyze or predict aspects of future behavior, such as service abandonment or purchase likelihood.
Each type carries a different degree of intrusiveness, but all require that data be processed in accordance with the principles of fairness, lawfulness, and transparency.
Risks and challenges of automated profiling
The automated use of data, including profiling, brings advantages but also significant risks. Algorithms may assess certain personal aspects of an individual without any human intervention, leading to decisions that affect real life from granting a loan to determining an insurance premium.
The main critical issues include:
- Algorithmic bias
Algorithms may rely on distorted data, generating discrimination or inaccuracies. - Lack of transparency
Users often don’t know how their data are used or how decisions are made. - Over-profiling
Collecting and cross-referencing too much data can result in excessive surveillance. - Absence of human oversight
Fully automated decisions can undermine a person’s dignity.
Article 22 of the GDPR prohibits any individual from being subjected to a decision based solely on automated processing, including profiling, if such a decision produces significant legal effects.
This means that for certain activities, there must always be human intervention to verify or confirm the automated outcome.
Profiling in digital marketing
In marketing, personal data profiling is a powerful tool. Companies use it to segment audiences, send targeted communications, and predict aspects of purchasing behavior.
However, the use of such techniques must comply with the principle of proportionality: data must be collected only to the extent necessary for the stated purpose and must be adequately protected against unauthorized access.
Example
Email marketing: a company may analyze open and click rates to assess certain personal aspects regarding user interest, but it cannot cross-reference that data with sensitive information without explicit consent.
Similarly, advertising campaigns based on predictive profiles such as those run on social media may be conducted only if users have clearly accepted tracking and data processing.
Profiling and cyber security
An often overlooked aspect is the relationship between data profiling and cyber security.
During data processing, systems that analyze sensitive information are attractive targets for cybercriminals. Databases containing detailed profiles of users or employees can be exploited for phishing attacks, identity theft, or targeted disinformation campaigns.
For this reason, organizations must be able to implement adequate technical and organizational measures: data encryption, access control, anonymization, and regular audits.
Moreover, every profiling process should be traceable and documented, demonstrating compliance with the accountability principle established by the GDPR.
Data subjects’ rights in profiling
Users, as natural persons whose personal data are processed, have specific rights under the GDPR, including:
- Right to information
To know whether a profiling process is taking place and for what purposes. - Right to object
To refuse the processing of their data for profiling purposes. - Right of access and rectification
To obtain copies of data and correct inaccuracies. - Right to data portability
To transfer their data to another controller. - Right not to be subject to automated decisions producing legal or similar significant effects.
Companies and public bodies must be ready to respond to such requests promptly, documenting every stage of data processing.
Ensuring ethical and compliant profiling
To maintain user trust, it is essential to adopt an ethical and transparent approach to personal data profiling.
This means:
- Clearly defining the purposes of processing and limiting its scope.
- Always requesting explicit and easily revocable consent.
- Avoiding decision-making processes that affect individuals without human intervention.
- Constantly updating privacy and security policies.
Only in this way can data profiling be used responsibly turning it from a potential threat into an opportunity for sustainable growth that respects human dignity.
In summary
Personal data profiling is an unavoidable reality in the digital age. However, its impact on people’s lives depends entirely on how it is managed.
When data processing is transparent, controlled, and accompanied by human oversight in decision-making processes, profiling can serve as a valuable tool for improving services and security.
But when data are used without awareness or consent, profiling risks becoming an invisible form of control capable of shaping choices, behaviors, and individual freedoms.
Questions and answers
- What is meant by personal data profiling?
It is automated processing aimed at assessing certain personal aspects of a particular natural person to analyze or predict aspects of their behavior or performance. - Does profiling of data subjects always require consent?
Yes, except in cases where processing is necessary for legal or contractual obligations. In general, explicit consent is required. - What data are used for profiling?
Data may include identifying, behavioral, browsing, purchasing, or location data. - Can profiling be fully automated?
It can, but human intervention must always be guaranteed to avoid discriminatory or unfair outcomes. - In which fields is profiling used?
In marketing, cyber security, financial services, healthcare, and social media. - What does the GDPR say about profiling?
Article 22 states that no one shall be subject to decisions based solely on automated processing, including profiling, that produce legal effects. - What are the main risks of profiling?
Discrimination, erroneous decisions, privacy breaches, and manipulation of individual choices. - How can I protect myself?
Exercise your rights of access, objection, and erasure, and refuse profiling cookies when possible. - Must profiled data be stored indefinitely?
No, it must be kept only for as long as necessary to achieve the stated purposes. - Can profiling be useful?
Yes when handled ethically and transparently, it can enhance service quality and online security.
