Legal implications of forensic profiling: of good old data protection legislation and novel legal safeguards for due processing in FIDIS D.7.6: Forensic Profiling

摘要

This report, on forensic profiling, provides a bridge between forensic science and profiling from technical and legal perspectives.Conclusions are drawn that new identity systems have their own strengths to detect what was impossible previously. But their weakness is that they can also provide false positives. From the examples it appears that much development is needed in this area before large scale implementation can be used in practice.It is concluded that the different norms approved at European level remain insufficient. They do not deal with the impact of the widespread use of criminal intelligence, the increased monitoring of the average citizen or the increased linkage of police databases. Significant issues such as how to ensure the transparency and accountability of law enforcement activities, the quality of thedata processed, e.g. the differentiation between categories of data subjects, or a strict application of the purpose specification principle remain unanswered.Each country will thus be called to make the specific balance between the competing interests at stake, in particular to prevent that the increasing use of personal data for risk prediction turns into stigmatisation of parts of the population.