Council of Europe prepares new legal instrument on the protection of individuals with regard to automatic processing of personal data in the framework of profiling

The recommendation is currently being prepared by the committee of experts which brings together all 41 states parties to convention 108, the T-PD. Several
observers, such as the ICC and the international conference of data protection and privacy commissioners also participate actively. The recommendation will eventually be adopted by the governments of all 47 Council of Europe member states. Addressed to the governments of member states, it will contain principles and guidelines to be implemented through national legislation and self-regulation. It pursues three objectives:

- to provide a coherent regulatory framework (blueprint), which strikes a fair balance between the protection of privacy and the legitimate interests of advertisers and consumers;
- to ensure effective protection of the rights of data subjects and fair procedures in situations where mass quantities of data are processed. Not only Internet searches, but also the use of mobile telephones or records of consumer habits;
- to avoid that individuals are being subjected to decisions – or even worse, discrimination or stigmatisation – automatically, on the basis of mere profiles.

The recommendation’s exact scope of application is still under discussion. So far, it is foreseen that it will apply in the first place to the private sector, but member states may extend its application to the public sector as well.