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Profiling meaning

What does Profiling mean?
In practice, profiling is the automated analysis of personal data to assess or predict characteristics about an identifiable person, such as likely behaviour or risks, typically for credit scoring, fraud prevention, targeted advertising or HR analytics. It is defined in legislation (EU GDPR, Article 4(4), mirrored in the UK GDPR) as automated processing that uses personal data to evaluate personal aspects, including a person’s performance at work, economic situation, health, preferences, interests, reliability, behaviour, location or movements. Key legal features and risks include: - It requires a lawful basis and, where special category data are involved, an Article 9 condition. - Transparency duties apply (Articles 13–14), including meaningful information about the logic, significance and envisaged consequences. - Individuals may object to profiling for direct marketing (Article 21). - If profiling results in solely automated decisions producing legal or similarly significant effects, Article 22 restricts this and mandates safeguards (e.g. human review). - A data protection impact assessment is often required for systematic, extensive profiling. Usage and interpretation are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland; supervision and guidance come from the ICO (UK) and the DPC (Ireland).
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NEWS
UK and EU information law highlights: DUAA 2025 consequential regulations; ICO ADM/profiling consultation; EDPB legitimate interest digest; European Parliament rejects ePrivacy derogation; DESNZ/Ofgem energy cyber resilience reforms

In this issue: Data protection ePrivacy Cybersecurity Daily and weekly news alerts New and updated content Data protection Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 SI 2026/386: These Regulations amend 39 pieces of UK primary legislation, 16 pieces of UK secondary legislation, and five pieces of assimilated direct legislation concerning data protection. They introduce a range of changes arising from sections 117, 118 and 119(1) of the Data (Use and Access) Act 2025 (DUAA 2025). Made under the DUAA 2025 in relation to assimilated law, they commence partly before DUAA 2025, s 119 is fully in force, and take full effect once DUAA 2025, s 119 (transfer of functions to the Information Commission) is wholly commenced. (Updated from draft on 31 March 2026.) See: LNB News 05/02/2026 22. EDPB publishes case digest on legitimate interest legal basis under EU GDPR The European Data Protection Board (EDPB) has issued a one-stop-shop...

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NEWS
TMT weekly: EU AI Act governance and GPAI code; CMA cloud SMS designations; Online Safety Act enforcement and ICO guidance; Law Commission AI and product liability reviews; AI copyright study

In this issue: New technologies Internet Advertising, marketing and sponsorship LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies General-purpose AI rules under EU AI Act start to apply on 2 August The European Commission has put the principal governance arrangements for the EU AI Act in place ahead of the 2 August 2025 implementation deadline. The European AI Board, made up of EU Member States, is now in operation. By 2 August, Member States must appoint national competent authorities to implement, oversee and enforce AI system requirements, investigate compliance, nominate notified bodies for pre-market approvals, and create regulatory sandboxes. The Commission has also set rules for a Scientific Panel of independent specialists and opened applications for both the Panel and the EU AI Act Advisory Forum. A dedicated webpage will list the designated national authorities. See: LNB News 01/08/2025 16...

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NEWS
UK risk and compliance weekly: ICO ADM guidance consultation, MLR 2017 amendments, Russia sanctions enforcement (Apple), OFSI licence updates, and Mazur ruling on conduct of litigation—2 April 2026

Risk & Compliance weekly highlights—2 April 2026 In this issue: Data protection AML, CTF & counter-proliferation financing Sanctions Other Risk & Compliance updates LexTalk®Risk & Compliance: a Lexis®Nexis community Daily and weekly news alerts Trackers New and updated content Data protection ICO consults on updated guidance for automated decision-making and profiling The Information Commissioner’s Office (ICO) has opened a consultation on refreshed guidance covering automated decision-making (ADM), including profiling. Triggered by the Data (Use and Access) Act 2025 (DUAA 2025), the update concentrates on provisions specific to this topic. It is intended for data protection officers, compliance specialists and technical leads. The ICO indicates the guidance offers expanded detail on ADM as set out in Articles 22A–22D of the UK GDPR, where outcomes are determined solely by automated processing and have legal or similarly significant effects on individuals. It is designed to help organisations understand and fulfil their obligations in this setting, including where...

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View the related Practice Notes about Profiling

PRACTICE NOTES
Children’s Code (UK) compliance for online services: scope, standards, age assurance, profiling, geolocation, parental controls, governance and ICO enforcement—DUAA 2025 updates and Online Safety Act interplay

STOP PRESS: On 19 June 2025, Royal Assent was granted to the Data (Use and Access) Bill, which accordingly became the Data (Use and Access) Act 2025 (DUAA 2025), and coming partly into force on the same day. Selected elements of DUAA 2025—covering topics such as replies to data subject access requests, among matters, and the delegation of authority to create additional regulations—took effect straightaway on 19 June 2025, upon the Act’s passage. Further sections, addressing Information Commissioner notices and certain facets of law enforcement processing, commenced on 19 August 2025 (being two months from the date of Royal Assent). Most of DUAA 2025’s measures will not start until further regulations, in the form of statutory instruments, are made, before they can be brought into operation. Parts 5 and 6 modify components of UK data protection and ePrivacy law, notably the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI...

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PRACTICE NOTES
UK direct marketing compliance under UK GDPR and PECR: postal, telephone and electronic mail, consent and soft opt-in, TPS/CTPS/MPS screening, suppression lists, profiling and record-keeping

This Practice Note This Practice Note offers practical advice on direct marketing, with an emphasis on meeting the requirements of the United Kingdom General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003). It addresses telephone and postal marketing, email activity, and other forms of electronic mail marketing. It also clarifies when checks against the Mailing Preference Service (MPS) or the Telephone Preference Service (TPS) are necessary. Drawing on ICO direction, it considers service messages, refer-a-friend promotions, regulatory communications, market research (including ‘sugging’—selling under the guise of research), tracking pixels, marketing databases, suppression lists and preference centres. The core difficulty with direct marketing is working out how the UK GDPR and PECR 2003 interlock; what you may do depends on your chosen tactics and the audience you are targeting. For a quick guide to whether consent is needed, see: Direct marketing decision tree—email and other electronic mail marketing—data protection Direct marketing decision tree—live telephone calls—data protection...

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PRACTICE NOTES
UK Internet of Things compliance: data protection, ePrivacy and cyber security (UK GDPR, DPA 2018, PECR, PSTIA 2022) with DUAA 2025 updates

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill obtained Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025), with elements taking effect that day. Measures addressing, among other things, responses to data subject access requests and the grant of powers to make further regulations commenced immediately on 19 June 2025. Other elements, including notices issued by the Information Commissioner and certain facets of law enforcement processing, began on 19 August 2025, two months after Royal Assent. The bulk of DUAA 2025 requires additional regulations, in the form of statutory instruments, before those provisions can start. Part 5 of DUAA 2025 revises aspects of the UK’s data protection and ePrivacy framework, covering the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426. Most of Part 5’s measures take effect on 5 February 2026 by virtue of the Data (Use and Access) Act 2025...

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View the related Precedents about Profiling

PRECEDENTS
Change of purpose compatibility assessment template—UK GDPR, DPA 2018 and DUAA 2025

STOP PRESS This document is currently being revised to account for the introduction of the Data (Use and Access) Act 2025 (DUAA 2025), which alters the UK GDPR and the Data Protection Act 2018. For added guidance on the compliance effects of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications. 1 Background information Name and position of person(s) conducting assessment [ Insert name ] Date of assessment [ Insert date ] Original purpose for processing [ Insert response ] 2 Proposed new purpose for processing Outline your intended new purpose for processing that is the subject of this compatibility assessment. Provide a concise summary of the proposed new purpose to which this assessment pertains. [ Insert response ] Your rationale for processing the data for a different purpose? You may wish to address: The benefit you anticipate achieving. Whether any third parties will benefit. Any broader advantages for the...

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PRECEDENTS
UK GDPR DPIA Template and Guidance for Surveillance Camera Systems (CCTV, ANPR, BWV, Drones) with Risk Assessment and ICO Consultation

1 Project summary Project information Project name [ Insert name ] Project owner [ Insert name ] Project overview [ Outline the project, eg new CCTV system for a car park ] 2 Details of proposed surveillance camera system 2.1 Identify why your deployment of surveillance cameras requires a DPIA Systematic and extensive profiling Public monitoring Denial of service Data matching Tracking Risk of harm Automated decision-making Large-scale use of sensitive data Innovative technology Biometrics Invisible processing Targeting children/vulnerable adults Special category/criminal offence data Other [ Please specify ] 2.2 Timescale and status of surveillance camera deployment Is this a proposal for a fresh deployment or an enlargement of an existing surveillance camera system? New deployment Expansion of existing system Which data protection regime will you be processing under? UK...

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