The Berlin Data Protection Authority has ruled that the CDU, SPD, Bündnis 90/Die Grünen and Die LINKE unlawfully used microtargeting during the 2021 federal election. The decisions follow complaints that noyb filed more than three years ago.
Microtargeting is only possible because online platforms build extensive user profiles with people’s interests, habits and interactions. According to the article, these details can be used to manipulate users in the electoral process, which makes microtargeting a threat to democratic elections. The authority found there was no legal basis, such as consent, for targeting users based on their personal political interests.
The complaint against the AfD is still pending. The party tried to fight the authority’s investigative powers in court, but the Berlin administrative court concluded that it must provide the requested information.
Felix Mikolasch, data protection lawyer at noyb, welcomed the decisions but said it is unfortunate that they took more than three years, as another federal election took place in the meantime. Max Schrems, honorary chairman of noyb, said the cases may be more about future compliance than fines. He regrets that no direct ban on microtargeting was issued, and hopes for swift enforcement if parties continue these practices.
The case started in 2021, when ZDF Magazin Royale revealed that all parties in the Bundestag used microtargeting on Facebook. For you, the lesson is clear. Check that every form of profiling or targeting rests on a valid legal basis, such as consent.
Read noyb.eu article for more information.
