A.M. Corrêa Harcus,I. Rorive , Digital Profiling: Challenges for Equal Opportunities in Online Targeted Employment Advertising, European Journal of Human Rights, p. 221-241
Abstract:
Profiling technologies enable companies to target their employment offers only to users with preselected personal features. Drawing from the United States’ experience, this article takes a nondiscrimination and data protection law perspective to analyze the practice of digital profiling and targeted employment offer advertising in Europe. As demonstrated by several collective litigation cases brought against Facebook in the United States, digital profiling poses some major risks for equal opportunities in employment access. Strangely enough, this is still undocumented in the nondiscrimination legal field in Europe. In contrast, civil rights lawyers and legal scholars in the United States are relying on nondiscrimination law. We argue that European data protection laws do not offer substantial definition of discrimination. At the same time, nondiscrimination lawyers need to rely on data protection standards to be able to grasp the discriminatory outcomes in online employment advertising. Both legal fields have to work hand in hand on these issues and to learn from legal battles fought abroad.
