Instagram and Facebook wanted to notify their adult users when and where they have to go to vote in the European elections on June 9. They won’t be able to do it. The Spanish Data Protection Agency (AEPD) announced on Friday a precautionary measure that prevents Meta, the parent company of both social networks, from launching in Spain two specific functionalities designed for European ones. The Agency considers that the technology company’s initiative may violate the digital rights of Spaniards.
Meta had planned to activate among its European users with voting rights—except in Italy, where there is already an open procedure for this matter—two extensions, called Election Day Information and Voter Information Unit, to provide you with information about the elections. Instagram and Facebook will send notices—the days before the elections and on June 9—in which the user is told where and how they have to go to vote or vote. How the European Parliament electoral process works. He would also send alerts on election day so they don’t forget to stop by the polls.
The precautionary measure implies immediate suspension for 90 days. That is, the specific functions designed by Meta for the elections cannot be used during this electoral period, as confirmed by AEPD sources. The Agency considers that both functionalities conflict with the General Data Protection Regulation (GDPR).
More specifically, the agency justifies the decision in the fact that “it is necessary to adopt measures to avoid the collection of data, the profiling of users and the transfer of information to third parties, thus preventing personal data from being used by unknown controllers.” and for non-explicit purposes.” That is, the AEPD fears that the data that Meta collects while providing the service it has announced (providing information and resources to its users so that they vote) could later be used to build political profiles of the users.
The AEPD’s corrective measure comes a month after the European Commission opened a file against Meta for “alleged violations of policies related to misleading advertising and political content in its services,” as explained by the EU Executive in a statement. The process is covered by the digital services regulation (DSA), which imposes on large Internet operators and platforms. additional obligations of control over the contents they host. Two weeks ago, Brussels also began an investigation against Meta for the possible “negative effects” of its social networks on the physical and mental health of minors.
What data does Meta collect and why?
“Our electoral tools have been expressly designed to respect user privacy and comply with the GDPR. Although we do not agree with the AEPD’s evaluation in this case, we have cooperated with their request,” says a Meta spokesperson. Company sources assure that they are convinced that their tools comply with European regulations.
The agency believes that Meta may violate the data protection principles of legality, data minimization and retention period limitation. To provide its electoral information service, the agency maintains, Meta was going to collect data such as the user’s name, IP address, age and gender or information about how they interact with the functionalities launched for the elections. The company argues that this information is essential to determine whether or not a user has the right to vote.
In technology, on the other hand, they explain that their extensions process very limited categories of data with the sole purpose of providing the products themselves. They also state that they do not share personal data with third parties, that none of the data collected is used for advertising and that the tools in question do not include any information about how or who a user voted for.
However, on the Instagram website it specifies the following regarding extensions Election Day Information and Voter Information Unit: “We use certain information about how you interact with these reminders, such as how many times you have viewed or clicked on them, to improve the product experience. Additionally, we may use your age, location, and device information to evaluate how reminders work and ultimately encourage product improvements for them.” It also says that the application does not share information with third parties about users’ interactions with election information reminders with third parties, but it is acknowledged below that “we may share the insights (sic) totals with third parties, such as research partners, academics, government partners or electoral committees.”
Reaction in the rest of Europe
Spain is not the first country to decide to freeze this Meta functionality. The Italian data protection authority has already done the same and, according to sources familiar with this type of process, other countries are considering taking steps in the same direction. From the technological point of view, they illustrate that the functionalities questioned by the AEPD have been used in numerous European elections, including those in the Netherlands, France and Germany.
Meta has launched a special device to control the spread of disinformation in the electoral campaign of the European elections. Such deployment includes cooperation with fact-checking agencies (factchecking), which allows posts to be stamped with “Verified information” for the pieces that pass the filter, or automatic tools that screen the contents in search of manipulated material. Meta maintains, for example, that between July and December last year it removed 430,000 ads across the EU for not including a disclaimer (disclaimer) that reflected that the contents did not conform to reality.
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