Berlin watchdog bans microtargeting by SPD, CDU, Greens and Left for lack of consent

The Berlin Data Protection Authority has declared that political microtargeting by four major German parties is illegal. The regulator issued decisions finding that the Social Democrats, the Greens, the Left, and the CDU unlawfully processed personal data during the 2021 federal election campaign.

These parties used sensitive political interests to deliver personalised political advertising to internet users. The authority concluded that this processing lacked a legal basis, such as user consent. The ruling affects how political actors can use online platform data for electioneering in Germany.

How the targeting worked

Online platforms create extensive user profiles based on interests, habits, and interactions. Political parties used these detailed profiles to target specific individuals with tailored messages. The Berlin authority stated that such microtargeting can manipulate users during the electoral process.

This manipulation poses a threat to democratic elections, according to the regulator. The decisions reprimand the parties for exploiting data that reveals personal political leanings without proper legal justification. The findings apply to the digital advertising strategies employed during the previous federal election cycle.

Who is affected

The ruling directly impacts the SPD, Bündnis 90/Die Grünen, DIE LINKE, and the CDU. These parties were found to have violated data protection laws through their advertising practices. The complaint against the Alternative for Germany (AfD) is still pending with the Berlin authority.

The AfD challenged the DPA’s investigative powers in court, delaying the final decision. The Berlin administrative court previously ruled that the AfD must provide requested information to the authority. Despite this legal hurdle, the recent decisions send a clear message to all political actors in Germany.

Our take on the response

noyb filed the original complaints against these parties more than three years ago. Felix Mikolasch, a data protection lawyer at noyb, welcomed the Berlin DPA’s decision but noted the delay. He pointed out that another federal election occurred while the cases were pending.

Max Schrems, honorary chairman of noyb, suggested the cases may focus more on future compliance than fines. The prolonged timeline highlights the difficulty of enforcing digital privacy rules in political campaigns. The outcome establishes a precedent for how data usage will be scrutinised in future elections.

For customers and users

Review your privacy settings on social media platforms to limit data collection. Check whether you have opted out of personalised advertising based on sensitive interests. Look for unexpected political messages that seem tailored to your private views. Be cautious of follow-up scams that might exploit this news to trick you into sharing more data or clicking malicious links.

What to do and how to stay safe: Berlin DPA

• Adjust privacy settings on social networks to restrict the use of your data for targeted advertising.
• Review permissions granted to apps and websites that may collect political or interest-based data.
• Monitor your accounts for unusual activity or suspicious messages related to recent elections.
• Stay informed about official communications from data protection authorities regarding your rights.

Step-by-step guide: Data Brokers Examples: How They Collect and Sell Your Personal Info

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

Frequently asked questions

Which political parties were found to have broken the law?

The Berlin Data Protection Authority ruled that the SPD, Greens, Left, and CDU unlawfully used microtargeting.

Is the AfD complaint resolved?

No, the complaint against the AfD is still pending because the party challenged the authority's investigative powers.

Why is microtargeting considered illegal in this context?

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