Profiling through Ultrasound Technoogy, the Right to Privacy and the Right to Data Protection

Abstract: The right to private and family life and the right to the protection of personal data are two fundamental rights of the EU. The protection of these rights is addressed in the new General Data Protection Regulation (GDPR), the Directive on Privacy and Electronic Communications (ePrivacyDirective) and the upcoming new Regulation on Privacy and Electronic Communications (draft ePrivacy Regulation). In this thesis these three legal acts are evaluated in light of profiling through ultrasound tracking technology. Their technology neutrality and their functioning as safeguards of the two fundamental rights against the use of profiling through ultrasound tracking technology is tested. The GDPR is found to differentiate between profiling in the context of automatic decision-making and profiling in other contexts. The process of profiling is described in general terms. It is shown how tracking technologies in general and ultrasound tracking technology in particular have a central role in the profiling process.It is found that ultrasound tracking technology enables far wider tracking and data collection than the other tracking technologies. Differences and similarities between ultrasound tracking technology and other tracking technologies are described. According to the findings, the three legal instruments, the GDPR, the ePrivacy Directive and the draft ePrivacy Regulation, all live up to their aim of technology neutrality on theoretical level, since profiling through ultrasound tracking technology is within the material scope of all of them. An exemption is Article 8(2) of the draft ePrivacy Regulation that, unlike Article 9 of the ePrivacyDirective, does not stretch to cover location tracking through ultrasound technology. However, as will be shown, there are risks related to the practical implementation of these legal frameworks.