Berlin DPA Rules Microtargeting by Major German Parties Illegal

The Berlin Data Protection Authority has ruled that four major German political parties acted illegally by using political microtargeting during the 2021 federal election. The authority issued decisions against the Social Democrats (SPD), the Greens, The Left (Die LINKE), and the CDU, finding their data processing practices unlawful.

According to the regulator, these parties used sensitive political interests to target internet users with personalized political advertising. The authority determined that there was no legal basis for this processing, noting that the parties lacked valid consent from users. This finding means the use of such data for electoral advertising violated privacy laws.

The complaint filed by the nonprofit noyb more than three years ago prompted this investigation. The regulator concluded that the processing of personal data by these four parties was unlawful. This decision marks a significant enforcement action regarding digital campaigning in Germany.

Context on Microtargeting Practices

The Berlin authority explained that microtargeting relies on extensive user profiles created by online platforms. These profiles contain details about people’s interests, habits, and interactions. Political parties used this information to deliver tailored advertisements to specific groups of voters.

The regulator stated that such practices can manipulate users in the electoral process. Consequently, the authority views microtargeting as a threat to democratic elections. The decisions reprimand the parties for exploiting these detailed digital footprints without proper legal grounds.

Status of Other Parties

The complaint against the Alternative for Germany (AfD) party is still pending with the Berlin authority. The AfD engaged in similar political microtargeting but challenged the DPA’s investigative powers in court. The Berlin administrative court ruled that the AfD must provide the requested information to the authority.

Although the case against the AfD is not yet concluded, the broader ruling sends a clear message. Max Schrems, honorary chairman of noyb, suggested these cases focus on future compliance rather than fines. The authority’s stance aims to establish a level playing field for all political actors.

What should you do?

Organizations and individuals should review their data privacy practices regarding political advertising. Users should understand how their online interactions create profiles that can be used for targeting. Political groups must ensure they have valid legal bases, such as consent, before processing sensitive data.

What to do and how to stay safe: Berlin DPA

• Review privacy policies to understand how personal data is collected for political advertising purposes.
• Check settings on social media platforms to limit the creation of detailed user profiles.
• Ensure that any political organization you support has transparent data processing practices.
• Monitor updates from data protection authorities regarding compliance with privacy regulations.

Step-by-step guide: How to Remove Data from Data Brokers: The Manual Cleanup Process

General security guidance from the Threat Times newsroom. It is not confirmed advice from the organisations named in this story.

Frequently asked questions

Which German political parties were found guilty of illegal microtargeting?

The Berlin DPA ruled that the SPD, Greens, The Left, and CDU unlawfully used microtargeting during the 2021 election.

Why did the authority rule the microtargeting illegal?

The authority found no legal basis, such as consent, for using sensitive political interests to target users with ads.

What is the status of the complaint against the AfD?

The complaint against the AfD is pending because the party challenged the DPA's investigative powers in court.