Data protection and political campaigns – European Data Protection Board (EDPB) issues a statement.

Key points:

  • Personal data revealing political opinions is a special category of data under the GDPR, and, in most cases, processing it will require explicit, specific, fully informed, and freely given consent.
  • Using personal data made public, like on social media, or otherwise shared by individuals, is still subject to obligations concerning transparency, purpose specification and lawfulness.
  • Companies must provide sufficient information to the individuals who are being analyzed and whose personal data are being processed, even if they are data brokers and not consumer-facing.
  • Automated profiling connected to targeted campaign messaging may, in certain circumstances, cause “similarly significant effect” requiring explicit consent of the individual.
  • In case of targeting, companies should provide adequate information explaining why the person is receiving a particular message, who is responsible for it and how the person can exercise his/her rights as a data subject.