Understanding and Preventing Discriminatory Ethnic Profiling: A Guide
take police action becomes determined by the race, ethnicity or religion of an individual, instead of other more relevant factors related to behaviour. Using profiling in a way that is racially discriminatory is not only unlawful but has been challenged as an ineffective means for combating crime (as will be discussed in subsequent chapters). Profiling may take place at an organisational level and/or an operational level. It is relatively easy to identify unlawful discriminatory profiling at an organisational level. This occurs, for instance, where explicit written or oral instructions are issued at a high level (from government or commanding officers) instructing officers to target particular groups with enforcement action. At an operational level, profiling may occur in a more subtle manner where individual officers may apply stereotypes or generalisations based on race, ethnicity or religion. This may be consciously motivated by personal prejudices, or it may be that officers are not conscious of the degree to which they are applying generalisations and stereotypes.(7)
1.2.2. Profiling by ‘data mining’ This Guide will focus on ethnic profiling in the context of the exercise of police powers to stop and search people. However, for the sake of completeness it will briefly illustrate, through the following case study, how law enforcement authorities may use ‘data mining’ and ‘data warehouses’ in a similar way to market researchers or insurance companies. Following the attacks of 11 September 2001, the German police conducted a computerised search aimed at finding so-called ‘terrorist sleepers’. That is, persons who have received training in preparation for attacks at a future date, but for the meantime remain integrated into society and refrain from any activities that might give rise to suspicion. For this purpose, the German authorities built a profile, searching for: males between 18 and 40 years of age, who were currently or formerly students and who were Muslims born in or coming from a specific list of 26 countries. The search was carried out (7) ‘As with other systemic practices, racial profiling can be conscious or unconscious, intentional or unintentional. Racial profiling by police officers may be unconscious. ’ The Queen v. Campbell, Court of Quebec (Criminal Division) Judgment of 27 January, 2005, para. 34.
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