Affinity Profiling and Discrimination by Association in Online Behavioural Advertising (Q3245)

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Affinity Profiling and Discrimination by Association in Online Behavioural Advertising
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    Even good faith and well-intentioned practices can amount to discrimination if the adverse result of the treatment disproportionately affects members of protected groups in comparison with others in a similar situation. Even with the best intentions platform providers can commit direct or indirect discrimination
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    Indirect discrimination provides a more promising alternative route to raise claims against advertisers. Targeting source or “look alike” audiences, while not based on protected grounds, can still lead to differential results for protected groups.
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    In these cases, members that share these attributes could bring a claim provided that the other conditions (i.e. the existence of a comparison group, adverse and less favourable treatment, causality, and lack of justification) are met
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