Eduardo Magrani
Professor of Law, Technology and Intellectual Property Rights at the FGV Law School, IBMEC and the Pontifical Catholic University of Rio de Janeiro (PUC-Rio) President of the National Institute for Data Protection in Brazil. EIZ Fellow for Global Innovation Policy, Digitization and Artificial Intelligence.
Sebastian Grundberger
Head of the KAS Regional Program Political Parties and Democracy in Latin America, Montevideo.
Marcee Sofía Gómez Marín
Project Coordinator of the Regional Program Alliances for Democracy and Development with Latin America (ADELA) of the Konrad-Adenauer Foundation.
The use of information and communication technologies (ICT) in various sectors of society has enabled the collection and analysis of data on a large scale. The use of Big Data in election campaigns also influences democratic processes.
At the ADELA Digital conference "Big Data and Election Campaigns in Latin America" Marcee Gómez, Project Coordinator of KAS ADELA, spoke with Eduardo Magrani, Professor of Law, Technology and Intellectual Property Rights and expert on data protection. The following aspects were discussed:
- The importance of data processing in current election campaigns, as well as the role of data protection and privacy.
- Online propaganda of political parties.
- The use of data in election campaigns and the instruments used for this purpose.
The role of data protection
Digital technologies now influence almost all aspects of human communication and interaction. Political communication is no exception. Today, the Internet is of fundamental importance for politics and political parties. At the same time, however, the opportunities offered by the use of digital technologies are also accompanied by risks. Many political parties, for example, are not prepared and not conscious enough to comply with the regulations on the protection of personal data, although the appropriate treatment of personal data should be mandatory.
This is also evident in Latin America. Some Latin American countries, such as Mexico, Colombia or Brazil, already have data protection laws, but many do not. The situation is different in Europe, where the General Data Protection Regulation (GDPR) has been in force since 2018, which harmonises rules for the processing of personal data. The GDPR also served as a guideline for the revision or creation of most data protection laws in Latin America, as it provides a good legal basis for ensuring compliance with data protection regulations.
In a political context, there is also the problem of disinformation and fake news used to manipulate voters. Often these problems can be traced back to the unauthorised use of personal data. In other words, there is a very strong link between fake news and general laws on data protection. This is because these laws only allow the lawful use of personal data if the users' consent has been obtained beforehand. It is clear that a law on data protection cannot solve all problems of data abuse. The problem of disinformation is too complex for that and is also linked to questions of digital education and the critical examination of these issues by citizens. However, a data protection law is an important support and a significant first step.
Although the GDPR provides a good basis, it should not simply be adopted when drafting laws on data protection in Latin America. Instead, flexibility is needed in relation to the specific needs and challenges of the countries. This means that data protection laws must be adapted to the culture and the differences in economic power of the respective countries. One example of this is the data protection officer laid down in the GDPR, who must be appointed depending on the size and core activities of the company. Brazil has based its data protection law strongly on the GDPR, but in most cases Brazilian companies do not have the same economic strength as their European counterparts. The appointment of a data protection officer therefore represents an enormous financial burden for the companies. For this reason it was decided in Brazil that a data protection officer is not absolutely necessary if the company is small or economically weak. This example shows that there is scope for flexibility in the design of data protection laws. In principle, however, the clearer and stricter the law, the better for compliance with data protection. It would therefore be important for all countries in Latin America to adopt a law that is at least similar to the GDPR in its strictness.
The use of data in election campaigns
In today's world, data determines people's lives. When user move around the Internet and buy products, a customized algorithm is developed based on their data. For this reason, the handling of data protection is an enormously important issue.
The citizen feels the effects of this algorithm in the form of microtargeting and online profiling on different platforms. The streaming service Netflix, for example, uses its users' data for micro-targeting and profiling in order to propose films and series perfectly tailored to their needs. The benefit of individually tailored offers is not only evident with Netflix, but also with providers such as Amazon, who offer their customers additional products based on their previous searches. So, while the benefits of these mechanisms are perceived directly, this is often not the case with the risks. Many citizens have so far acted in a rather benefit-oriented manner, and often a critical examination of questions of privacy and the illegal dissemination of personal data is still missing.
The aforementioned phenomena of microtargeting and online profiling can also be applied to politics. Big Data makes it possible to address voters directly, as they leave information behind when they search online, which social networks can use to create very detailed profiles of their users. This can be used in a beneficial way, not only to present suitable offers, but also by trying to manipulate each voter individually. Big Data can be used to find out what the wishes, worries and fears of voters are. As a result, political parties can suggest targeted information to users that exploits precisely these fears. Various studies indicate that there is a much greater chance of winning over voters in this way. This is especially true for "swing votes", i.e. for voters who do not feel affiliated with any particular party. Since this is a subliminal manipulation of voters, rules and regulations are needed to regulate such practices.
It must also be pointed out in this context that there are differences between the platforms. Social networks such as Facebook or Instagram, for example, have a different technology than messenger services such as Whatsapp. Whatsapp uses "end-to-end encryption", which means that even the company itself has no access to the messages sent. This means that there is no way to moderate content and restrict fake news, extremist groups, etc. However, this does not mean that encryption per se is a bad thing. On the contrary, end-to-end encryption helps to guarantee freedom of expression and avoid state control. At present, however, it is becoming apparent that the lack of moderation of content on digital platforms and the resulting disinformation and manipulation of users is a far greater challenge.
Added to this is the so-called "echo effect". Users on Facebook or Instagram form groups and networks with which they communicate regularly. Since the algorithms of these platforms are programmed to provide the most appropriate suggestions possible based on the data collected so far, users are only shown information and people who match this profile. This means that users only come into contact with people who have similar beliefs and beliefs to their own. If, however, all people in a group think similarly, there is at the same time a greater chance that the content in such groups will become more radical. This radicalisation occurs because there is a lack of people who critically question statements and produce counter-arguments. Ultimately, such an echo effect can even lead to a polarization of society, since there is a lack of differentiated and objective discussions between the various political groupings.
There is no doubt that the unauthorised use of data, as well as of data that is authorised without the users being aware of the risks, has an impact on democracies and election campaigns. Companies and politicians have access to very sensitive information about almost all citizens. In the run-up to elections it is therefore possible to influence each voter individually. This is very worrying and for this reason it has never been more important to develop a critical awareness of data protection and privacy in order to avoid manipulation.
Further information about Eduardo Magrani and his work can be found at: http://eduardomagrani.com/en/home/
Konrad Adenauer Foundation
Gordian Kania
Intern at the KAS Office ADELA, Panamá
