Η κατάρτιση προφίλ στο πλαίσιο του ΓΚΠΔ, της Digital Market  Act και της Digital Services Act

Ελευθεράκου, Φωτεινή

Profiling under the General Data Protection Regulation, the Digital Market Act and the Digital Services Act

Master Thesis

Author

Ελευθεράκου, Φωτεινή

Date

2024-12

Abstract

The current thesis investigates the cases of profiling of the subjects, under the specific provisions of the General Data Protection Regulation (GDPR), Regulation (EU) 2022/2065 (Digital Services Act – known as DSA) and Regulation (EU) 2022/1925 (Digital Markets Act – known as DMA). The above Regulations, viewed in the light of the protection of personal data, constitute the strongest arsenal of the European Union, against the increased challenges presented for the subjects in the modern digital era we live in. More specifically, in the 1st chapter, after presenting a brief overview of the GDPR, the meaning of "profiling" under investigation will be specified, seen also in the light of the GDPR. Examples of it will be presented below, its specific conditions will be analyzed, as well as its consequences on the rights of the subjects, while special reference will be made to decisions taken on the basis of exclusively automated processing, as described in Article 22 of Regulation (EU) 2016/679. This chapter will conclude with a comprehensive list of the principles governing the processing of personal data and in particular the additional safeguards reserved by the legislator for certain cases thereof. The 2nd chapter is dedicated to DMA and the specific regulations it includes in relation to user profiling incidents. Chapter 3 of this thesis, which presents particularly extensively Case C-634/21, which was referred to the Court of Justice of the European Union, is particularly significant. The judgment issued on 07/12/2023 by the CJEU is a milestone for the interpretation and deeper understanding of Article 22 of the GDPR, but also for the protection of the rights of subjects in general against unfair automated individual decision-making practices against them. The 4th chapter deals with the other important Regulation of the European Union for the digital environment, the DSA, in the context of the analysis of which an attempt is made to identify the specific provisions for profiling and a comparative view with the corresponding provisions of the GDPR. Finally, the research will conclude with the indicative listing of some cases of f ines for profiling practices in violation of the provisions of the current legislation, while at the same time an overall evaluation of the findings of this thesis will be attempted.

Postgraduate Studies Programme

Δίκαιο και Τεχνολογίες Πληροφορικής και Επικοινωνιών (MSc in Law and Information and Communication Technologies)

Department

Σχολή Τεχνολογιών Πληροφορικής και Επικοινωνιών. Τμήμα Ψηφιακών Συστημάτων

Number of pages

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/17424

Collections

Τμήμα Ψηφιακών Συστημάτων

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Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα