(3) FINAL MCEL WPS Letizia.pdf
(4.5 MB, PDF)
… scoring> accessed 20 July 2024. 6 behaviour, and make well-informed decisions based on these predictions.16 Consequently, scoring methodologies can be regarded as essential elements of the ‘datafication’ paradigm, as they involve the conversion of online and offline actions into measurable data.17 The phenomenon of the ‘scored society’ is becoming progressively evident, considering these systems are being used across several sectors such as insurance, banking, employment, and numerous other … the potential existence of a loophole within EU legislation regarding scoring systems involving this category of information, as well as the adequacy of the existing definition(s) of biometric data. 55 Frederik Zuiderveen Borgesius and Joost Poort, ‘Online Price Discrimination and EU Data Privacy Law’ (2017) 40 Journal of Consumer Policy 347. 15 3. The Interaction between the GDPR and the AIA on Scoring 3.1 Scoring Systems in the GDPR In this section, we will examine the scope and implications of … it must lead to legal effects or similarly significant consequences for the individual. Following the earlier opinion of Advocate General (AG) Pikamäe, the ECJ asserted that the concept of a ‘decision’ is expansive and encompasses actions such as online credit application refusals or recruiting practices without human involvement, as clarified in Recital 71 of the GDPR. Additionally, activities akin to those of SCHUFA meet the GDPR's definition of "profiling,"61 satisfying the second condition. …