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How should automated profiling be regulated?

Periodic Reporting for period 1 - PROFILE (How should automated profiling be regulated?)

Reporting period: 2018-01-01 to 2019-12-31

Profiling is a type of algorithmic decision-making that involves automated processing of personal or other data to develop profiles that can be used to make decisions about people. Some companies use thousands of data points to take automated and opaque decisions: online shops can sell the same good to different consumers for different prices. Lenders can set interest rates for individual consumers, or refuse to lend to them. Insurers can adjust premiums to individual consumers, or deny them insurance.

Profiling advances important goals, such as efficiency and economic growth. But profiling may threaten values the law aims to protect, and goals it aims to achieve. For instance, profiling can lead to unfair or even illegal discrimination. This project examines profile-based price and service differentiation. Current law regarding profiling is unclear and may fail to protect important values.

The overarching research question for the project is: to protect human rights, while considering the particularities of different sectors, should the law be amended because of automated profiling, and if so: how?
The researcher has analysed the application of discrimination law to automated profiling and online price discrimination. He has also analysed literature on automated decision-making, profiling, machine learning, and artificial intelligence. The researcher has presented and discussed his research at international conferences, for instance in Oxford, Washington, and Beijing. He has published several papers based on the research. See:
https://www.ivir.nl/employee/zuiderveen-borgesius/
https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1896949
https://twitter.com/FBorgesius
The project aims to develop principles for policymakers to regulate profile-based price and service differentiation.
Picture-Frederik-Zuiderveen-Borgesius