EU Faces Backlash as Microtargeted X Ads Breach GDPR Rules
Key Findings
- EDPS investigation confirms EU Commission violated GDPR with political microtargeting
- Campaign targeted Dutch users based on sensitive political keywords
- No fine issued, but Commission received formal reprimand
The Controversial Campaign
The European Union’s executive body faces mounting criticism after the European Data Protection Supervisor (EDPS) confirmed on Friday that a Commission advertising campaign on X (formerly Twitter) violated the bloc’s own data protection regulations.
The 2023 campaign, designed to promote support for controversial CSAM scanning legislation, processed citizens’ political views without proper consent—a clear breach of GDPR requirements for handling sensitive data.
How the Targeting Worked
The ads specifically targeted Dutch X users interested in keywords including:
- #Qatargate
- Brexit
- Marine Le Pen
- Alternative für Deutschland
- Giorgia Meloni
These terms effectively served as proxies for right-wing political views, constituting special category data under Article 9 of the GDPR. The Commission failed to obtain explicit user consent before processing this sensitive information.
Legal Fallout and Responses
EDPS Decision
Following a November 2023 complaint by privacy nonprofit noyb, the EDPS found:
- Unlawful processing of sensitive data
- Violation of GDPR principles
- No financial penalty due to campaign discontinuation
Stakeholder Reactions
Felix Mikolasch, noyb data protection lawyer, stated:
“Since Cambridge Analytica, we’ve known targeted ads can undermine democracy. Using political preferences for ads is clearly illegal. We welcome EDPS’s decision as a precedent for ongoing national investigations.”
Commission’s Defense
The EU previously shifted blame to:
- Their advertising contractor
- X’s platform policies
A Commission spokesperson stated they “did not intend to trigger special category data processing” and have since reinforced compliance protocols.
Broader Implications
This ruling may impact:
- noyb’s pending complaint against X
- Ongoing investigations into political microtargeting
- Future EU digital policy enforcement
GDPR penalties for similar violations could reach 4% of global revenue—a significant risk for tech platforms.
What’s Next?
With a new Commission leadership in place, the focus shifts to:
- Implementing stronger ad targeting safeguards
- Potential reforms to political advertising rules
- Ongoing investigations by Ireland’s DPC into X’s role
Report updated with additional commentary from stakeholders
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