28 May 2013
The Art 29 WP adopted an advice paper on the proposed Article 20 of the new Regulation. Comments include:
- WP29 support for a separate definition of profiling, and the application of Art 20 to the creation and use of profiles, rather than just on decisions taken as a result of such profiles.
- A proposal for additional transparency obligations, including rights of access, modification and deletion of profiles for data subjects.
- A suggestion for increased safeguarding requirements for profile data, including data minimisation, anonymisation and pseudonymisation requirements.
- Support for a "balanced approach" that only implements these specific profiling rules where the profiling significantly affects the individual's interests, rights or freedoms. The WP29 accepts that significantly affect can have a wide meaning, and so it suggests that the European Data Protection Board should be given a mechanism in the Regulation for issuing guidelines on the interpretation of such a provision.