Spain has prohibited Meta from introducing functions on Facebook and Instagram aimed at gathering voter information via the platforms before the forthcoming European Elections.
The national privacy watchdog, AEPD, has exercised its emergency powers to safeguard the privacy of Spanish users. Meta has acknowledged its compliance with this directive to TechCrunch, which is enforceable for a duration of up to three months.
In a press release, the AEPD announced it has demanded Meta halt the rollout of features named Election Day Information and Voter Information Unit in Spain. This suspension prevents “the collection and processing of data resulting from their utilization”, as the agency explains (translated from Spanish).
The AEPD has invoked the emergency measures under the General Data Protection Regulation (GDPR) of Europe to address local concerns. While the Data Protection Commission in Ireland is Meta’s main GDPR supervisory authority, the GDPR allows any member state’s data protection body to take action if they perceive an immediate threat to their residents’ privacy.
“Given the exceptional nature of this scenario, it’s imperative to implement strategies to avert data collection, user profiling, and the dissemination of information to third parties. This is to ensure that personal data isn’t manipulated by unknown entities for unspecified purposes,” the AEPD remarked.
The Spanish DPA is wary that Meta’s imminent election-centered features might breach GDPR standards, particularly regarding lawful data processing and the principle of data minimization.
Under GDPR, political opinions are considered “special category” data, requiring an explicit user consent for its processing—a significantly stringent requirement.
According to the AEPD, Meta plans to process an array of personal data such as usernames, IP addresses, ages, genders, and details on user interaction with election-focused features. “The agency believes that this planned data accumulation and storage pose a severe threat to the rights and freedom of Instagram and Facebook users, leading to unprecedented profiling depth and complexity,” they stated.
“Allowing third-party access to potentially private data constitutes an excessive invasion of privacy. This inability to control one’s information is a significant risk, with the data likely being exploited by anonymous controllers for unclear reasons,” the authority elaborated.
Matthew Pollard, a representative for Meta, gave this response when approached about the AEPD’s measures: “Our electoral tools have been meticulously developed to protect privacy and adhere to GDPR guidelines. Despite disagreeing with the AEPD’s evaluation, we have followed their request.”
The Spanish DPA noted Meta’s intention to deploy these election-specific features to all eligible European election voters across its platforms, excluding Italy due to pre-existing investigations by the Italian data protection authority. The Garante was approached for commentary on this issue.
Previously, in 2022, the Italian DPA deployed a similar urgent action to inquire about Meta’s preparations for the country’s general elections.
The European Commission is also examining Meta’s readiness for the imminent EU elections under the Digital Services Act, suspecting that the Facebook and Instagram platforms may be at odds with election integrity standards set for large online platforms.
Compiled by Techarena.au.
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