Algorithms used in machine learning systems and artificial intelligence (AI) can only be as good as the data used for their development. High quality data are essential for high quality algorithms. Yet, the call for high quality data in discussions around AI often remains without any further specifications and guidance as to what this actually means.

This guide explains what profiling is, the legal frameworks that regulate it, and why conducting profiling lawfully is both necessary to comply with fundamental rights and crucial for effective policing and border management. The guide also provides practical guidance on how to avoid unlawful profiling in police and border management operations.

With enormous volumes of data generated every day, more and more decisions are based on data analysis and algorithms. This can bring welcome benefits, such as consistency and objectivity, but algorithms also entail great risks. A FRA focus paper looks at how the use of automation in decision making can result in, or exacerbate, discrimination.

We live in a world of big data, where technological developments in the area of machine learning and artificial intelligence have changed the way we live. Decisions and processes concerning everyday life are increasingly automated, based on data. This affects fundamental rights in various ways. This focus paper specifically deals with discrimination, a fundamental rights area particularly affected by technological developments.

When a decision to stop an individual is motivated solely or mainly by virtue of a person's race, ethnicity or religion, this constitutes discriminatory ethnic profiling. Such practices can serve to alienate certain communities in the EU, and in turn can contribute to inefficient policing. The FRA guide aims to help the police address and avoid discriminatory ethnic profiling, and is designed to be used as a tool for more effective policing.

When used as an investigation technique in the context of law enforcement, ethnic profiling is often referred to as “criminal profiling”. This type of profiling uses indicators such as physical features, appearance or behaviour to give a “suspect description”. Profiling becomes unlawful when it is discriminatory.