MASOVNO PROFILISANjE NA OSNOVU PODATAKA SA DRUŠTVENIH MREŽA: ZAŠTO DA NE?

Abstract

Is it acceptable under EU legal standards for public bodies to conduct mass profiling of data that has been publicly shared for the purpose of mental support or crime prevention? This research question examines the hypothetical position that mass profiling does not violate individual rights. The hypothesis is based on two syllogistic axioms: 1) mass profiling is carried out by public bodies according to the law with a legitimate aim, and 2) mass profiling that is lawful and carried out for a legitimate aim does not infringe on individual rights. The hypothesis is tested methodologically through an antithesis that proposes introducing a right for individuals to be protected from mass profiling, based on the claims that mass profiling violates the right to privacy and the right to protection of personal data. The research used deductive and inductive methods, as well as case studies, to analyze the scope of Article 8 of the European Convention for the Protection of Human Rights regarding the right to privacy and the GDPR's right to protection of personal data in relation to mass profiling. The research provides a foundation for further exploration of the state's positive obligations in health protection and prevention of crime and disorder. Additionally, the paper offers a conceptual definition of machine learning and mass profiling, which is absent in legal literature, and distinguishes mass profiling from automatic decision-making, which is often mistakenly used synonymously. The study is limited to analysis of mass profiling conducted by state authorities on public authority and does not include mass profiling by private companies.