Regulation on Transparency and Targeting of Political Advertising: Insights and Risks
The public hearing on the regulation of political advertising delves into categorizing personal data, different data types, processing techniques, and associated risks like undermining autonomy and democratic processes. Stakeholders emphasize the need for transparency in targeting and delivery of ads to prevent detrimental effects on information diversity and political polarization.
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IMCO-LIBE Public Hearing Monday 11 July Regulation on the transparency and targeting of political advertising Fernando Hortal Foronda European Partnership for Democracy
Topics covered 1. Categorising personal data and clarifying the techniques used. 2. Risks associated to the processing of personal data. 3. Approaches to the regulation of the processing of personal data. 4. Ensuring meaningful transparency.
Categorising personal data and clarifying the techniques used I Two types of personal data depending on what the data reveals: Special category data; and Non-special category data. Three types of personal data depending on how it was obtained: Declared data; Observed data; and Inferred data. Two sub-types of inferred data: Labelled inferred data; and Non-labelled inferred data.
Categorising personal data and clarifying the techniques used II Two techniques, two phases: Targeting: Determination of the potential audience of an ad. Criteria determined by the sponsor of the ad before the ad delivery; Processing of declared, observed and labelled inferred data; Susceptible of being subject to meaningful transparency. Ad delivery: Determination of the actual audience of an ad. Criteria determined by the service providers after the targeting of the ad, Processing of non-labelled inferred data Inherently opaque, non-susceptible of meaningful transparency.
Risks associated to the processing of personal data I EDPB (European Data Protection Board). Targeting may: undermine individual autonomy and freedom; exploit or even accentuate certain vulnerabilities,personal values or concerns . unduly influence individuals when it comes to political discourse and democratic electoral processes (...) undermining the democratic electoral process. have a chilling effect on freedom of expression, including access to information give rise to self-censorship Ad delivery may: adversely affect the likelihood of access to diversified sources of information in relation to a particular subject matter Result in increased political and ideological polarisation Similar concerns have been expressed by: ERGA (European Regulators Group for Audiovisual Media Services); EDPS (European Data Protection Supervisor); Council of Europe European Commission (recital 47 of the proposal); and European Parliament (INGE Committee, Kalniete Report, clauses AJ, AV, AW and 50.
Risks associated to the processing of personal data II Bayer 2020: Negative impact on the right to receive information of those not targeted. International IDEA 2018: Lack of a human scale in online advertising. Panagopoulos 2016: From persuasion to mobilisation. Sapiezynski & Ali 2019: Price differentiation, filter bubbles, limited ability of to reach audiences that do not share the sponsors political views.
Approaches to the regulation of the processing of personal data - I The risks associated with the processing of personal data in the context of political advertising are related to the: I Opaque processing of persona data; II Employment of inherenly opaque techniques of processing of personal data; III Processing of massive amounts of very granular personal data; IV Processing of personal data not proactively shared by the data subject; IV Processing of personal data that qualifies as special category data.
Approaches to the regulation of the processing of personal data - II Addressed in the Regulation proposal? Risks I. Opaque processing of personal data Yes II. Employment of inherently opaque techniques No III. Massive amounts of very granual personal data No IV. Processing of personal data not proactively shared by the data subject No V. Special category data Yes, mildly
Approaches to the regulation of the processing of personal data - III Risks More ambitious regulation? I. Opaque processing of personal data - II. Employment of inherently opaque techniques Ban inherently opaque techniques (ad delivery) III. Massive amounts of very granual personal data Restrict the amount and granularity of data processed IV. Processing of personal data not proactively shared by the data subject Restrict the processing of personal data to proactively provided data V. Special category data Reconsider the exceptions under Article 12(2)
Ensuring meaningful transparency Transparency and targeting are linked and there is not a policy trade-off but a synergy between them: meaningful transparency requieres restrictions to processing of personal data; Comprehensive, user-friendly real time ad repositories for all online platforms will also mitigate the risks of misleading campaigns aimed at specific segments of the population; There will not be meaningful transparency without effective enforcement, and there will be no effective enforcement without conferring the right agencies the right powers and resources, as well as without establishing adequate cooperation mechanisms. The whole regulation relies on sponsors declaring that the ads they run are political. The transparency obligations are easy to circumvent. The identification process of political ads must be strengthened.
