data profiling

Modern privacy statutes create special rules for activities that involve “profiling.” As the following chart indicates, the term is defined in a similar way between modern United States and European privacy statutes:

Source GDPR CCPA CPRA (effective 2023) VCDPA (effective 2023) CPA (effective 2023)
Term Profiling Profiling Profiling Profiling Profiling
Definition “Profiling” means any form

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The Article 29 Working Party took the position that for an action to constitute profiling three elements must be met:

  1. An activity must involve “an automated form of processing;”
  2. An activity must be “carried out on personal data;”
  3. The objective of the activity must be “to evaluate personal aspects about a natural person.”1

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