In maart 2023 diende noyb klachten in tegen meerdere Duitse politieke partijen wegens het onrechtmatig gebruik van politieke microtargeting tijdens de verkiezingen van 2021. CDU, AfD, SPD, Bündnis 90/Die Grünen, Die Linke en de Ecologische Democratische Partij zouden kiezers onrechtmatig hebben beïnvloed. Nu, bijna twee jaar later en slechts één dag voor de volgende federale verkiezingen, hebben de bevoegde gegevensbeschermingsautoriteiten nog steeds geen beslissing genomen over deze zaken. Ondertussen blijft politieke microtargeting een bedreiging vormen voor de democratie. Het artikel gaat verder in het Engels.
Illegal microtargeting. Political parties often use highly personal data, such as political views, to target internet users with personalised political advertising. However, political opinions are particularly protected under Article 9 GDPR – and there is no legal basis that could allow the use of these personal details for advertising. The reason for these strict restrictions is simple: political views and so-called microtargeting can be used to manipulate voters in the electoral process – and therefore pose a threat to democratic elections. For example, some political parties ran adverts with opposing messages for each group of voters, suggesting that a vote for the same political party was a vote for diametrically opposed policies.
Complaints not decided. Despite the ban under Article 9 GDPR, all German political parties that are currently represented in the Bundestag used political microtargeting on Facebook to attract voters during the federal elections in 2021. This was revealed by research by ZDF Magazin Royale. In March 2023, noyb followed up by filing several complaints against six political parties with the Berlin and Bavarian Data Protection Authority. Shortly afterwards, the Berlin DPA launched additional investigations into the FDP. So far so good. Unfortunately, none of the complaints have been decided, which is contrary to the authorities’ obligation to decide quickly and to enforce the law. With the next elections just around the corner and nothing being done, the authorities clearly failed to meet this standard.
Microtargeting still in use. Since no clear action has been taken against political microtargeting, German political parties are still relying on it for the this year’s federal election. A first review of the advertising used on Facebook shows that some parties have started to rely on so-called “proxy targeting”. Instead of the political views (such as “right-wing”), some other elements (such as interest in bands that are popular on the right) are used to target voters. This is unfortunate, and could have been prevented. Clear action on political parties could have ensured a cleaner and more facts-base election in Germany – and likely beyond.
