Legal Definitions - profiling

Profiling refers to the practice of creating a generalized description or 'profile' of a typical person or group based on certain characteristics, often with the intent to predict behavior, identify individuals, or assess risk. This process can involve analyzing data, observed behaviors, or demographic information. While profiling can be used for various purposes, it becomes legally problematic and discriminatory when it relies on protected characteristics (such as race, religion, national origin, gender, or sexual orientation) to unfairly target or treat individuals. Racial profiling, for instance, is a specific and often illegal form of profiling where law enforcement or other authorities target individuals for suspicion of crime based on their race or ethnicity rather than on individual behavior or evidence.

• Example 1: Racial Profiling in Law Enforcement

  Imagine a scenario where local police officers consistently pull over drivers of a specific ethnic background in a particular part of town, even when those drivers are not violating any traffic laws. The officers operate under an unstated assumption that individuals from this ethnic group are more likely to be involved in drug-related activities in that area, despite lacking specific, individualized suspicion for each stop.

  Explanation: This illustrates racial profiling because the police are using race as the primary characteristic to create a "profile" of potential suspects. Drivers are being targeted and subjected to stops based on their ethnicity rather than on observable illegal behavior or specific intelligence, leading to discriminatory treatment.

• Example 2: Behavioral Profiling for Airport Security

  Consider an airport security system that analyzes passenger behavior and travel patterns to identify potential threats. This system might flag individuals who purchase one-way international tickets with cash at the last minute, avoid eye contact with security personnel, or exhibit unusually nervous mannerisms. These specific behaviors, when combined, form a profile that prompts additional screening, regardless of the passenger's race or national origin.

  Explanation: This demonstrates behavioral profiling. The "profile" is built on a combination of observable actions and transaction data, not on protected characteristics. The intent is to identify individuals whose behaviors align with known patterns of security risks, leading to targeted, non-discriminatory scrutiny.

• Example 3: Financial Profiling for Fraud Detection

  A credit card company employs sophisticated algorithms to detect fraudulent transactions. These algorithms create a profile of typical fraud by analyzing patterns such as sudden, unusually large purchases made in a foreign country, multiple small online transactions occurring rapidly from different IP addresses, or purchases of high-value electronics immediately after a card has been reported lost. When a customer's transaction matches this profile, the system automatically flags it for review or declines it.

  Explanation: Here, profiling is used to identify financial fraud. The "profile" is derived from data patterns of past fraudulent activities. The system uses these characteristics to predict and flag new transactions that align with the fraud profile, thereby protecting both the customer and the financial institution from unauthorized use.