Recital 21*

Go to related Article 20

Commission proposal

(21) In order to determine whether a processing activity can be considered to ‘monitor the behaviour’ of data subjects, it should be ascertained whether individuals are tracked on the internet with data processing techniques which consist of applying a ‘profile’ to an individual, particularly in order to take decisions concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes.

EDRi’s Proposed amendment

(21) In order to determine whether a processing activity can be considered to ‘monitor the behaviour’ of data subjects, it should be ascertained whether individuals are tracked on the internet with the intention to use, or potential of subsequent use of, data processing techniques which consist of applying a ‘profile’ to an individual, particularly in order to take decisions concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes.

Justification

Tracking does not necessarily take place on the internet (e.g “smart CCTV” tracking customers in a mall, or tracking via RFID tags), thus removing the words “on the internet” ensures technological neutrality. Additionally, data collection and their use for profiling are not necessarily simultaneous. Data may be collected for one purpose in the first place, and could then afterwards be used for profiling.

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