The regulation of data-driven political campaigns in the EU: from data protection to specialized regulation

Data-driven political campaigns that heavily rely on political microtargeting are becoming more and more widespread, both in Europe and globally. Over the past years, politicians running for office have globally relied on data about their voters to enhance the effectiveness of their political campaigns through profiling of voters and approaching them through targeted messages on social media. The article identifies the characteristics and uses of data-driven political campaigns and elaborates on the more general question of threats of these campaigns. Further, the article critically examines the provisions of the General Data Protection Regulation that are the most relevant for this type of campaigns. In particular, the article focuses on the rules regarding the legal basis for processing of political opinions of voters and the provision on automated decision-making that offers limited possibilities for decision-making without human intervention. Moreover, the article examines the amended EU legislation on funding of European political parties that exhibits a clear focus on protection of voters’ data. Furthermore, the article considers recently adopted Digital Services Act and two recent EU legislative proposals that will regulate targeted political advertising, namely, the Proposal on transparency and the Recast of Regulation 1141/2014. Finally, the article concludes by addressing the evolution of the regulatory framework applicable to the data-driven political campaigns in the EU.