Meta has been banned from launching features on Facebook and Instagram that would have collected data on voters in Spain using the social networks ahead of next month’s European elections.
The local data protection authority, the AEPD, has used emergency powers to protect the privacy of local users. Meta confirmed to TechCrunch that it has complied with the order, which could last up to three months.
one of statement Regarding the “precautionary measure,” the AEPD wrote that it has ordered Meta to suspend the implementation of the Election Day Information and Voter Information Unit features in Spain — as it puts it, preventing “the collection and processing of data implied by their use” (the statement was translated from Spanish).
The AEPD is using emergency powers contained in Europe’s General Data Protection Regulation (GDPR) to act on local concerns. Meta’s lead data protection supervisor for GDPR is Ireland’s Data Protection Commission, but the pan-EU regulation gives any data protection authority the power to take action where they see an immediate risk to users in their region.
“This decision is based on exceptional circumstances in which it is necessary to adopt measures to avoid the collection of data, the profiling of users and the transfer of information to third parties, in order to prevent personal data from being used by unknown controllers and for obvious purposes,” the AEPD wrote.
The Spanish DPA is concerned that Meta’s planned election-related features would violate the GPDR, including lawfulness of processing and data minimisation requirements.
Under the pan-EU regulation, political opinions are classified as “special category” data – the processing of which requires a high level of scrutiny for obtaining explicit consent from the user.
According to the AEPD, Meta intends to process personal data including username, IP address, age and gender, as well as information on how the user interacts with election-related functionalities. “The agency believes that the collection and preservation of data employed by the company would seriously threaten the rights and freedoms of Instagram and Facebook users, who would see an increase in the amount of information collected about them, allowing the creation of more complex, detailed and exhaustive profiles, which would generate more intrusive treatments,” it wrote.
The authority further stated, “Making data of a personal nature available to third parties would constitute a disproportionate interference in the rights and freedoms of interested parties. This loss of control represents a high risk that these data will be used by unknown controllers and for non-obvious purposes.”
Meta was contacted for comment on AEPD’s action. Spokesperson Matthew Pollard sent us this statement: “Our election tools are explicitly designed to respect users’ privacy and comply with GDPR. Although we disagree with AEPD’s assessment in this matter, we have cooperated with their request.”
The Spanish DPA said Meta is planning to launch election-related features that it is blocking for all users of its services who have the right to vote in the European elections, except for Italy, where the data protection authority already has an open process on the matter. We have contacted Garante with questions.
back in 2022The Italian DPA also used the urgent procedure from Meta to obtain information regarding steps being taken in connection with the country’s general election.
Meta is also under investigation by the European Commission in connection with preparations for the EU elections due early next month. back in april The commission launched an investigation into Facebook and Instagram under the bloc’s Digital Services Act, saying it suspected the platforms were violating election integrity rules for large platforms.
spain-bans-meta-from-launching-election-features-on-facebook-instagram-over-privacy-fears-techcrunch
