Spain bans Meta from launching election features on Facebook and Instagram over privacy concerns

Meta was banned from launching features on Facebook and Instagram that allegedly collected data on Spanish voters using social media ahead of next month’s European elections.

The local data protection authority, AEPD, used its emergency powers to protect the privacy of local users. Meta confirmed to TechCrunch that it complied with the order, which could last up to three months.

In a statement regarding the “precautionary measure,” AEPD wrote that it ordered Meta to suspend the implementation of Election Day Information features and the Voter Information Unit in Spain – excluding “the collection and processing of data implied by their use”, as it puts it (note that the statement is in Spanish; this is a machine translation).

The AEPD uses the emergency powers contained in the European General Data Protection Regulation (GDPR) to respond to local concerns. Meta’s main data protection watchdog for GDPR is the Irish Data Protection Commission, but the pan-European regulation allows any data protection authority to act when it finds urgent risks to users on its own. territory.

“This decision is based on exceptional circumstances, in which it is necessary to adopt measures to avoid data collection, user profiling and the transfer of information to third parties, thus preventing personal data from being used by unknown controllers and for purposes. not explicit,” writes the AEPD.

Spain’s DPA said it was concerned that Meta’s planned electoral features violated the GDPR, particularly with regard to the lawfulness of processing and data minimization requirements.

Political opinions are classified as “special category” data under pan-European regulations – requiring a higher level of obtaining explicit user consent for processing.

In accordance with the AEPD, Meta intends to process personal data, including username, IP address, age and gender, as well as information about how the user interacts with the Election-related features. “The Agency considers that the collection and retention of data planned by the company would seriously endanger the rights and freedoms of Instagram and Facebook users, who would see an increase in the volume of information it collects about them , allowing the creation of more complex, detailed and exhaustive profiles, generating more intrusive processing,” he writes.

“Making data which could be of a personal nature available to third parties would involve a disproportionate interference in the rights and freedoms of those concerned. This loss of control represents a high risk that this data will be used by unknown data controllers and for non-explicit purposes.

Meta was contacted to respond to AEPD’s action. Spokesperson Matthew Pollard sent us this statement: “Our election tools have been expressly designed to respect user 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 plans to launch the election-related features it blocks for all users of its services eligible to vote in the European elections, except Italy, where the protection authority data already has an open procedure on this subject. We contacted Garante with questions.

Already in 2022, the Italian DPA also used an emergency procedure to request information from Meta on the measures it was taking on the occasion of the country’s general elections.

Meta is also under surveillance by the European Commission regarding its preparation for the upcoming European elections early next month. Last April, the Commission opened an investigation into Facebook and Instagram under the bloc’s Digital Services Act, saying it suspected the platforms of violating major platforms’ election integrity rules.