CONSUMER PROFILING IN AIR TRANSPORT AND TOURISM into account heterogeneous elements, such as supply and demand, weather forecasts, the traveller's location, the currency with which he makes the payment or his availability. Almost always, the processing is carried out on personal data, often in the absence of proper information; indeed, the consumer is often unaware that the company is using information about his or her condition. Therefore, Article 5 of the Regulation55 is violated, according to which data must not only be processed in a correct and transparent manner, but also collected for specified, explicit and legitimate purposes, that is for the purposes for which the data are acquired. In essence, unbeknownst to the consumer, the carrier could be using information with a distorting effect and for purposes separate from the original ones, in violation of EU Regulation No. 679 of 2016. This could justify an intervention by the Data Protection Authority. Moreover, the Regulation itself provides for severe administrative fines. In essence, profiling for the purpose of adjusting flight fares is an unlawful commercial practice in itself, because of its objectives and the manner in which it is carried out. A fortiori, that conclusion is supported by the fact that there is a use of information for aims that are not communicated and distorting with respect to the known ones of their collection. Thus, there is not only a breach of the provisions on commercial initiatives, but also one of the provisions on data processing, with the pursuit of goals prohibited by EU law. The objective difficulty, if not impossibility, of proving profiling and its harmful effects remains. 5. PROFILING IN THE HOTEL SECTOR With technological progress and the improvement of computer systems, travellers often prefer to book hotels electronically. In this way, the company collects personal data and can use them unlawfully. Consider the hypothesis of a lawyer who frequently goes to hearings at the Italian Supreme Court and, for organisational reasons, asks his secretary to book a room in the same hotel of a well - known chain, given its proximity to the seat of the Court. During the summer period, the same lawyer organizes a trip to Gdansk, in Poland, and decides to stay at the same chain; however, on comparing the various offers of other companies proposing services of the same level, just a few dozen metres away, he finds a significant discrepancy, as the fee determined by the company of which he is a regular client is much higher than that offered by its competitors, by three times.
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