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Palantir Technologies suspected of privacy violations

Market Intelligence Research Foundation (SOMI) represents European citizens in investigations into the activities of the U.S. data analytics company.

SOMI November 16, 2020

Several government and law enforcement agencies in Europe use software from U.S. data analysis company Palantir. The company has been implicated several times in data scandals and has been criticized for its close ties to U.S. government and intelligence agencies. Neither Palantir nor agencies in Europe that use it are willing to share information about the quality or application of the software. Market Intelligence Research Foundation (SOMI) is therefore launching an investigation into Palantir Technologies' activities in the EU and its impact on the rights of European citizens.

So far, Europol admitted to using Palantir 'Gotham' software for operational analysis in a counterterrorism task force. Other agencies with access to potentially apply the U.S. company's software include the French intelligence agency DGSI, the Danish National Police, the German police in Hesse and North Rhine-Westphalia and also the Dutch police. "The strength of Palantir's approach lies in its ability to combine independent and thus meaningless data in such a way that unexpected connections and insights emerge," said Cor Wijtvliet, co-founder of SOMI. "But it was precisely this access to all those databases that gradually turned the appreciation and admiration for the work and the software into an atmosphere of distrust and disapproval."

Call for transparency

The main goal of SOMI is to achieve transparency from Palantir and organizations that have engaged Palantir's service, either through the company itself or through their subcontractors. The public has a right to know how citizens are assessed by the software, who uses it, what it is used for and what kind of data is processed. The first priority of the action is therefore to investigate Palantir's data processing practices with respect to EU citizens.

SOMI wants to raise awareness about the collaborations between non-EU governments and technology companies regarding the use of surveillance and profiling technologies, and their impact on the privacy of European citizens. In particular, SOMI wants to point out the consequences when this is done with software that does not comply with the General Data Protection Regulation (AVG) - in Europe: GDPR. Moreover, the foundation wants to ensure that all European citizens are well protected from uncontrollable or arbitrary practices and that the integrity of European surveillance operations will not be compromised by (un)known, non-European entities.

Objections

In theory, Palantir software can make criminal investigations more efficient, but the price that may have to be paid for it, both by public authorities and citizens, is (too) high. SOMI's objections to the use of Palantir software in the European public sector are:

  • It is unclear whether Palantir and/or the organizations using the software are complying with AVG requirements

  • Palantir software has encountered a host of problems, including exposing citizen data.

  • Palantir's relationship with the U.S. government and intelligence agencies.

  • Palantir's work has provided access to a large amount of sensitive data on European citizens and companies.

  • Palantir's controversial business practices and dispute over data ownership.

Palantir's operations in the EU

The Coronavirus pandemic appears to be creating new opportunities for Palantir to broaden and deepen its reach in Europe. Britain's National Health Service (NHS) has contracted Palantir to support its COVID-19 data center with its "Foundry" software. The company claims its software can track and analyze the spread of the virus, measure the effectiveness of mitigation strategies and coordinate with local institutions. Palantir is now trying, possibly successfully, to establish similar agreements in countries such as France, Germany, Austria and Switzerland.

It is unclear how successful Palantir has been so far in Europe. However, it is clear that Palantir is also targeting high-profile law enforcement and intelligence agencies in Europe because of its growing list of clients in this segment.

Despite Palantir making a note in their transparency register with the European Commission, no records appear to have been kept of the Davos meeting between President von der Leyen and Palantir CEO. MEPs are therefore very concerned about the EU's relationship with Palantir and the lack of transparency surrounding this relationship.

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