2018/2855(RSP) Resolution on the use of Facebook users' data by Cambridge Analytica and the impact on data protection
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
MORAES Claude ( S&D)
|
Lead committee dossier:
Legal Basis:
RoP 132-p2
Legal Basis:
RoP 132-p2Subjects
Events
2019/03/14
EC - Commission response to text adopted in plenary
Documents
2018/10/25
EP - Results of vote in Parliament
Documents
2018/10/25
EP - Decision by Parliament
Details
The European Parliament adopted the resolution on the use of Facebook users’ data by Cambridge Analytica and the impact on data protection.
Facebook, a signatory to the Privacy Shield, confirmed that the personal data of up to 2.7 million EU citizens were among those improperly used by political consultancy Cambridge Analytica.
Parliament stated that Facebook not only breached the trust of EU citizens, but also EU law . The data misuse which was revealed in the context of the Cambridge Analytica scandal happened before the application of the General Data Protection Regulation (GDPR).
Cambridge Analytica claimed the data processing was officially carried out for research purposes, but subsequently passed on the data gathered for political and commercial use .
Figures from the Electoral Commission of the UK showed that the political parties in the United Kingdom spent GBP 3.2 million on direct Facebook advertising during the 2017 general election. Personal data, obtained from Facebook, may have been misused by both sides in the UK referendum on membership of the EU and used to target voters during the 2016 American presidential election process.
Three hearings on the impact of the Facebook/Cambridge Analytica case on issues related to data protection, electoral processes, fake news and the market position of social media were held on 4 and 25 June and 2 July 2018. Noting with regret that Facebook was not willing to send staff members with the appropriate technical qualifications and level of corporate responsibility to the hearings, Parliament pointed out that such an approach is detrimental to the trust European citizens have in social platforms .
Proposed measures to be taken : Member States should introduce an obligatory system of digital imprints for electronic campaigning and advertising and implement the Commission’s Recommendation aimed at enhancing the transparency of paid online political advertisements and communications.
Online platforms are urged to:
ensure full compliance with EU data protection law , namely the GDPR and Directive 2002/58/EC (e-Privacy), and to help users understand how their personal information is processed in the targeted advertising model; distinguish political uses of their online advertising products from their commercial uses. In this regard, Parliament recalled that processing personal data for political advertising requires a separate legal basis from the one for commercial advertising. It also stated that profiling for political and electoral purposes and profiling based on online behaviour that may reveal political preferences should be prohibited; label content shared by bots by applying transparent rules, to speed up the removal of fake accounts and work with independent fact-checkers and academia to tackle disinformation; include experts within the sales support team who can provide political parties and campaigns with specific advice on transparency and accountability in relation to how to prevent personal data being used to target users; urgently roll out planned transparency features in relation to political advertising.
The Commission is called on to:
upgrade competition rules to reflect the digital reality and to look into the business model of social media platforms and their possible monopoly situation and to take the necessary measures to remedy this; propose amendments to the European Electronic Communications Code that also require over-the-top communications providers to interconnect with others, in order to overcome the lock-in effect for their users; task one of its members, in the future Commission, specifically with the privacy and data protection portfolio in order to ensure that all legislative proposals are fully compliant with the EU legal acquis on privacy and data protection; audit the activities of the advertising industry on social media and propose legislation in the event that the sector and concerned parties are unable to reach agreement on voluntary Codes of Conduct with dissuasive measures.
In addition, data protection authorities at national and European level are called on to undertake a thorough investigation into Facebook and its current practices so that the new consistency mechanism of the GDPR can be relied upon to establish an appropriate and efficient European enforcement response.
The Council is urged to end the deadlock on the e-Privacy Regulation, and to finally reach an agreement with Parliament without lowering the level of protection currently afforded by the e‑Privacy Directive so as to ensure that the rights of citizens, in particular those pertaining to the protection of users against targeting, are protected.
Lastly, Member States should urgently conduct, with the support of Eurojust if necessary, investigations into the alleged misuse of the online political space by foreign powers .
Documents
2018/10/25
EP - End of procedure in Parliament
2018/10/23
EP - Motion for a resolution
Documents
2018/10/23
EP - Debate in Parliament
Documents
2018/10/02
EP - Amendments tabled in committee
Documents
2018/09/27
EP - MORAES Claude (S&D) appointed as rapporteur in LIBE
Documents
- Commission response to text adopted in plenary: SP(2019)4
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0433/2018
- Motion for a resolution: B8-0480/2018
- Debate in Parliament: Debate in Parliament
- Amendments tabled in committee: PE628.470
- Amendments tabled in committee: PE628.470
- Motion for a resolution: B8-0480/2018
- Commission response to text adopted in plenary: SP(2019)4
Activities
- Steven WOOLFE
- Michał BONI
Plenary Speeches (1)
- Nicola CAPUTO
Plenary Speeches (1)
- Daniel DALTON
Plenary Speeches (1)
- William (The Earl of) DARTMOUTH
Plenary Speeches (1)
- Frank ENGEL
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Diane JAMES
Plenary Speeches (1)
- Sajjad KARIM
Plenary Speeches (1)
- Svetoslav Hristov MALINOV
Plenary Speeches (1)
- Jasenko SELIMOVIC
Plenary Speeches (1)
- Csaba SÓGOR
Plenary Speeches (1)
- Helga STEVENS
Plenary Speeches (1)
- Neoklis SYLIKIOTIS
Plenary Speeches (1)
- Tibor SZANYI
Plenary Speeches (1)
- Claudia ȚAPARDEL
Plenary Speeches (1)
- Auke ZIJLSTRA
Plenary Speeches (1)
- Maria Gabriela ZOANĂ
Plenary Speeches (1)
Votes
B8-0480/2018 - Am 4 25/10/2018 13:35:42.000 #
2018/10/25 Outcome: -: 320, +: 30, 0: 4
| ?? | IE | MT | AT | HR | EL | SI | EE | SE | LU | LV | HU | LT | BG | SK | FI | NL | CZ | PT | BE | GB | PL | RO | FR | IT | ES | DE | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
1
|
3
|
1
|
6
|
2
|
3
|
3
|
4
|
4
|
4
|
4
|
5
|
6
|
6
|
6
|
8
|
12
|
13
|
12
|
17
|
34
|
22
|
20
|
44
|
29
|
35
|
49
|
|
 EFDD |
21
|
1
|
United Kingdom EFDDFor (8) |
France EFDD |
Italy EFDDAgainst (6) |
1
|
||||||||||||||||||||||
 ENF |
11
|
2
|
2
|
1
|
4
|
1
|
1
|
|||||||||||||||||||||
 NI |
5
|
1
|
1
|
1
|
1
|
1
|
||||||||||||||||||||||
 GUE/NGL |
26
|
1
|
1
|
1
|
1
|
1
|
4
|
3
|
2
|
Spain GUE/NGLAgainst (8) |
4
|
|||||||||||||||||
 Verts/ALE |
26
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
2
|
3
|
3
|
3
|
Germany Verts/ALEAgainst (7) |
|||||||||||||||
 ALDE |
32
|
1
|
1
|
1
|
2
|
2
|
Netherlands ALDEAgainst (5) |
4
|
1
|
Belgium ALDEAgainst (6) |
2
|
3
|
3
|
1
|
||||||||||||||
 ECR |
36
|
1
|
2
|
2
|
2
|
2
|
3
|
United Kingdom ECRAgainst (9) |
Poland ECRAgainst (12) |
1
|
2
|
|||||||||||||||||
 PPE |
97
|
2
|
1
|
1
|
3
|
1
|
3
|
2
|
3
|
1
|
3
|
3
|
1
|
1
|
3
|
2
|
2
|
1
|
Poland PPEAgainst (7) |
Romania PPEAgainst (7) |
15
|
Italy PPEAgainst (5) |
Spain PPEAgainst (11) |
Germany PPEFor (1)Against (18) |
||||
| S&D |
99
|
1
|
1
|
2
|
1
|
2
|
1
|
1
|
1
|
2
|
2
|
1
|
2
|
2
|
Portugal S&DAgainst (5) |
3
|
United Kingdom S&DAgainst (12) |
2
|
Romania S&DAgainst (9) |
France S&DAgainst (10)Abstain (1) |
Germany S&DAgainst (13) |
B8-0480/2018 - § 29 25/10/2018 13:38:55.000 #
2018/10/25 Outcome: +: 201, -: 150, 0: 10
| FR | ES | IT | PT | BE | RO | NL | LT | SE | FI | AT | EL | HR | ?? | EE | DE | IE | LV | HU | MT | LU | BG | SI | CZ | GB | SK | PL | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
47
|
36
|
27
|
12
|
17
|
20
|
15
|
6
|
4
|
8
|
7
|
3
|
3
|
1
|
4
|
52
|
2
|
3
|
5
|
1
|
4
|
6
|
2
|
14
|
33
|
6
|
22
|
|
| S&D |
98
|
Portugal S&D |
3
|
9
|
2
|
2
|
2
|
1
|
2
|
1
|
1
|
Germany S&DFor (13) |
1
|
1
|
1
|
2
|
2
|
United Kingdom S&DFor (11) |
1
|
2
|
||||||||
| ALDE |
33
|
4
|
3
|
1
|
Belgium ALDEAbstain (1) |
2
|
Netherlands ALDEFor (5) |
2
|
1
|
2
|
1
|
1
|
1
|
4
|
||||||||||||||
| GUE/NGL |
27
|
France GUE/NGL |
2
|
4
|
1
|
1
|
1
|
4
|
1
|
1
|
||||||||||||||||||
| Verts/ALE |
25
|
3
|
3
|
2
|
1
|
1
|
1
|
2
|
1
|
Germany Verts/ALEFor (7) |
1
|
3
|
||||||||||||||||
| ENF |
12
|
4
|
1
|
1
|
3
|
2
|
1
|
|||||||||||||||||||||
| NI |
5
|
1
|
1
|
1
|
1
|
1
|
||||||||||||||||||||||
| EFDD |
20
|
France EFDDFor (2)Against (3) |
Italy EFDDAbstain (5) |
1
|
1
|
United Kingdom EFDDAgainst (7)Abstain (1) |
||||||||||||||||||||||
| ECR |
37
|
3
|
1
|
2
|
2
|
3
|
1
|
2
|
United Kingdom ECRAgainst (9) |
2
|
Poland ECRAgainst (12) |
|||||||||||||||||
| PPE |
103
|
France PPEFor (1)Against (14) |
Spain PPEAgainst (12)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Luis de GRANDES PASCUAL,
Ramón Luis VALCÁRCEL SISO,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ
|
Italy PPEAgainst (5) |
2
|
2
|
Romania PPEAgainst (7) |
3
|
1
|
1
|
2
|
1
|
1
|
Germany PPEAgainst (21)
Albert DESS,
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Birgit COLLIN-LANGEN,
Daniel CASPARY,
Dennis RADTKE,
Elmar BROK,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Manfred WEBER,
Markus PIEPER,
Monika HOHLMEIER,
Norbert LINS,
Peter JAHR,
Rainer WIELAND,
Sabine VERHEYEN,
Stefan GEHROLD,
Thomas MANN,
Werner KUHN,
Werner LANGEN
|
1
|
2
|
3
|
1
|
3
|
3
|
2
|
4
|
1
|
3
|
Poland PPEAgainst (7) |
B8-0480/2018 - Am 4 #
2018/10/25 Outcome: -: 320, +: 30, 0: 4
| ?? | IE | MT | AT | HR | EL | SI | EE | SE | LU | LV | HU | LT | BG | SK | FI | NL | CZ | PT | BE | GB | PL | RO | FR | IT | ES | DE | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
1
|
3
|
1
|
6
|
2
|
3
|
3
|
4
|
4
|
4
|
4
|
5
|
6
|
6
|
6
|
8
|
12
|
13
|
12
|
17
|
34
|
22
|
20
|
44
|
29
|
35
|
49
|
|
| EFDD |
21
|
1
|
United Kingdom EFDDFor (8) |
France EFDD |
Italy EFDDAgainst (6) |
1
|
||||||||||||||||||||||
| ENF |
11
|
2
|
2
|
1
|
4
|
1
|
1
|
|||||||||||||||||||||
| NI |
5
|
1
|
1
|
1
|
1
|
1
|
||||||||||||||||||||||
| GUE/NGL |
26
|
1
|
1
|
1
|
1
|
1
|
4
|
3
|
2
|
Spain GUE/NGLAgainst (8) |
4
|
|||||||||||||||||
| Verts/ALE |
26
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
2
|
3
|
3
|
3
|
Germany Verts/ALEAgainst (7) |
|||||||||||||||
| ALDE |
33
|
1
|
1
|
1
|
2
|
2
|
Netherlands ALDEAgainst (5) |
4
|
1
|
Belgium ALDEAgainst (6) |
2
|
3
|
Spain ALDEAgainst (4) |
1
|
||||||||||||||
| ECR |
36
|
1
|
2
|
2
|
2
|
2
|
3
|
United Kingdom ECRAgainst (9) |
Poland ECRAgainst (12) |
1
|
2
|
|||||||||||||||||
| PPE |
97
|
2
|
1
|
1
|
3
|
1
|
3
|
2
|
3
|
1
|
3
|
3
|
1
|
1
|
3
|
2
|
2
|
1
|
Poland PPEAgainst (7) |
Romania PPEAgainst (7) |
15
|
Italy PPEAgainst (5) |
Spain PPEAgainst (11) |
Germany PPEFor (1)Against (18) |
||||
| S&D |
98
|
1
|
1
|
2
|
1
|
2
|
1
|
1
|
1
|
2
|
2
|
1
|
2
|
2
|
Portugal S&DAgainst (5) |
3
|
United Kingdom S&DAgainst (12) |
2
|
Romania S&DAgainst (9) |
France S&DAgainst (10)Abstain (1) |
Germany S&DAgainst (13) |
B8-0480/2018 - § 29 #
2018/10/25 Outcome: +: 201, -: 150, 0: 10
| FR | ES | IT | PT | BE | RO | NL | LT | SE | FI | AT | EL | HR | ?? | EE | DE | IE | LV | HU | MT | LU | BG | SI | CZ | GB | SK | PL | ||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Total |
47
|
36
|
27
|
12
|
17
|
20
|
15
|
6
|
4
|
8
|
7
|
3
|
3
|
1
|
4
|
52
|
2
|
3
|
5
|
1
|
4
|
6
|
2
|
14
|
33
|
6
|
22
|
|
| S&D |
97
|
Portugal S&D |
3
|
9
|
2
|
2
|
2
|
1
|
2
|
1
|
1
|
Germany S&DFor (13) |
1
|
1
|
1
|
2
|
2
|
United Kingdom S&DFor (11) |
1
|
2
|
||||||||
| ALDE |
34
|
4
|
4
|
1
|
Belgium ALDEAbstain (1) |
2
|
Netherlands ALDEFor (5) |
2
|
1
|
2
|
1
|
1
|
1
|
4
|
||||||||||||||
| GUE/NGL |
27
|
France GUE/NGL |
2
|
4
|
1
|
1
|
1
|
4
|
1
|
1
|
||||||||||||||||||
| Verts/ALE |
25
|
3
|
3
|
2
|
1
|
1
|
1
|
2
|
1
|
Germany Verts/ALEFor (7) |
1
|
3
|
||||||||||||||||
| ENF |
12
|
4
|
1
|
1
|
3
|
2
|
1
|
|||||||||||||||||||||
| NI |
5
|
1
|
1
|
1
|
1
|
1
|
||||||||||||||||||||||
| EFDD |
20
|
France EFDDFor (2)Against (3) |
Italy EFDDAbstain (5) |
1
|
1
|
United Kingdom EFDDAgainst (7)Abstain (1) |
||||||||||||||||||||||
| ECR |
37
|
3
|
1
|
2
|
2
|
3
|
1
|
2
|
United Kingdom ECRAgainst (9) |
2
|
Poland ECRAgainst (12) |
|||||||||||||||||
| PPE |
103
|
France PPEFor (1)Against (14) |
Spain PPEAgainst (12)
Agustín DÍAZ DE MERA GARCÍA CONSUEGRA,
Antonio LÓPEZ-ISTÚRIZ WHITE,
Carlos ITURGAIZ,
Esteban GONZÁLEZ PONS,
Francisco José MILLÁN MON,
Francisco de Paula GAMBUS MILLET,
Gabriel MATO,
José Ignacio SALAFRANCA SÁNCHEZ-NEYRA,
Luis de GRANDES PASCUAL,
Ramón Luis VALCÁRCEL SISO,
Rosa ESTARÀS FERRAGUT,
Santiago FISAS AYXELÀ
|
Italy PPEAgainst (5) |
2
|
2
|
Romania PPEAgainst (7) |
3
|
1
|
1
|
2
|
1
|
1
|
Germany PPEAgainst (21)
Albert DESS,
Andreas SCHWAB,
Angelika NIEBLER,
Axel VOSS,
Birgit COLLIN-LANGEN,
Daniel CASPARY,
Dennis RADTKE,
Elmar BROK,
Ingeborg GRÄSSLE,
Jens GIESEKE,
Manfred WEBER,
Markus PIEPER,
Monika HOHLMEIER,
Norbert LINS,
Peter JAHR,
Rainer WIELAND,
Sabine VERHEYEN,
Stefan GEHROLD,
Thomas MANN,
Werner KUHN,
Werner LANGEN
|
1
|
2
|
3
|
1
|
3
|
3
|
2
|
4
|
1
|
3
|
Poland PPEAgainst (7) |
| Amendments | Dossier |
| 100 |
2018/2855(RSP)
2018/10/02
LIBE
100 amendments...
Amendment 1 #
Citation 10 a (new) – having regard to the judgment of the European Court of Justice of 5 June 2018 in Case C-210/16 Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v Wirtschaftsakademie Schleswig-Holstein GmbH1; 1 http://curia.europa.eu/juris/document/do cument.jsf;jsessionid=5522B7F15AF3745 3910B44DDFCB98621?text=&docid=202 543&pageIndex=0&doclang=EN&mode= lst&dir=&occ=first&part=1&cid=225147
Amendment 10 #
Recital B a (new) B a. whereas Facebook revealed the mobile phone number of its users for commercial purposes, which was a clear breach of Facebook’s data-use policy that states: “We do not share information that personally identifies you … with advertising, measurement or analytics partners unless you give us permission”; whereas Facebook has also developed a "conversion pixel" — basically a type of tracking device — within ads displayed on Facebook, which allows advertisers to target users directly with ads and then measure exactly how they respond to them;
Amendment 100 #
Paragraph 33 33. Is of the opinion Eurojust should urgently initiate, in cooperation with Member States authorities a special investigation into the alleged misuse of the online political space by foreign forces;
Amendment 11 #
Recital C C. whereas these personal data breaches occurred
Amendment 12 #
Recital C C. whereas th
Amendment 13 #
Recital D Amendment 14 #
Recital H H. whereas the chairs of the political groups in the European Parliament held an in-camera first exchange of views with the CEO and founder of Facebook, Mark Zuckerberg on 22 May 2018 and this meeting resulted in the request by the Conference of Presidents for the Committee on Civil Liberties, Justice and Home Affairs, in association with the Committees on Constitutional Affairs, Legal Affairs and Industry, Research and Energy, to hold in-depth follow-up hearings;
Amendment 15 #
Recital J J. whereas Facebook refused to delegate the staff members at the
Amendment 16 #
Recital M M. whereas the Chair of the European Data Protection Board highlighted that the Facebook / Cambridge Analytica case occurred before the entering into force of the GDPR, and thus the
Amendment 17 #
Recital N N. whereas Facebook
Amendment 18 #
Recital O Amendment 19 #
Recital P P. whereas the EDPB indicated tha
Amendment 2 #
Citation 13 – having regard to the
Amendment 20 #
Recital Q Q. whereas Facebook, a signatory to the Privacy Shield, has confirmed that the personal data of
Amendment 21 #
Recital U Amendment 22 #
Recital V Amendment 23 #
Recital X X. whereas the Information Commissioner’s Office of the United Kingdom has already issued 23 Information Notices to 17 different organisations and individuals, including Facebook on 23 February 2018, to request provision of information from the organisations in a structured way;
Amendment 24 #
Recital X X. whereas the Information Commissioner’s Office of the United Kingdom has already issued 23 Information Notices to 17 different organisations and individuals, including Facebook on 2 3 February 2018, to request provision of information from the organisations in a structured way;
Amendment 25 #
Recital Z Amendment 26 #
Recital Z b a (new) Z b a. whereas Facebook has been accused by political representatives, media outlets and a growing part of its employees of having a strong political liberal bias which Mark Zuckerberg did not deny during his audition in front of the US Senate;
Amendment 27 #
Recital Zc Z. c whereas data analysis and algorithms increasingly impact on the information made accessible to citizens; whereas such techniques
Amendment 28 #
Recital Zd Zd whereas
Amendment 29 #
Paragraph 1 1. Expects all online platforms to ensure full compliance with Union data protection law, namely the GDPR and Directive 2002/58/EC (e-Privacy) and to help users understand how their personal information is processed in the targeted advertising model of only users that opt in for providing this data, and that effective controls are available, which includes greater transparency in relation to the privacy settings, and the design and prominence of privacy notices;
Amendment 3 #
Citation 13 a (new) – having regard to the two sets of written replies to questions that were left unanswered at the meeting between EP group leaders and Facebook CEO Zuckerberg published by Facebook on 23 May 20181 respectively 04 June 20182; 1 http://www.europarl.europa.eu/the- president/en/newsroom/answers-from- facebook-to-questions-asked-during- mark-zuckerberg-meeting 2 http://www.europarl.europa.eu/resources /library/media/20180604RES04911/20180 604RES04911.pdf
Amendment 30 #
Paragraph 1 1. Expects all online platforms to ensure full compliance with Union data protection law, namely the GDPR and Directive 2002/58/EC (e-Privacy) and to help users understand how their personal information is processed in the targeted advertising model, and that effective controls are available, which includes ensuring that separate consents are used for different purposes of processing, and that greater transparency is in place in relation to the privacy settings, and the design and prominence of privacy notices;
Amendment 31 #
Paragraph 1 1. Expects all online platforms to ensure full compliance with Union data protection law, namely the GDPR and Directive 2002/58/EC (e-Privacy) and to help users understand how their personal information is processed in the targeted advertising model, and that effective controls are available, which includes greater transparency in relation to the privacy settings, and the design and prominence of privacy notices, and separate consent or other legal bases for different purposes of processing;
Amendment 32 #
Paragraph 1 a (new) 1 a. Emphasises that it is strictly forbidden for any online platforms to follow and process any non-user’s data;
Amendment 33 #
Paragraph 1 b (new) 1 b. Takes the view that in case the online platform is not able to guarantee a high level of security and protection of personal data, the platform should be banned;
Amendment 34 #
Paragraph 3 3.
Amendment 35 #
Paragraph 4 4. Emphasises the need for
Amendment 36 #
Paragraph 5 5. Takes the view that the digital age
Amendment 37 #
Paragraph 5 5. Takes the view that the digital age requires electoral laws to be adapted to this new digital reality and suggests
Amendment 38 #
Paragraph 5 5. Takes the view that the digital age requires electoral laws to be adapted to this new digital reality and suggests Member States introduce an obligatory system of
Amendment 39 #
Paragraph 5 5. Takes the view that the digital age requires electoral laws to be adapted to this new digital reality
Amendment 4 #
Citation 13 b (new) – having regard to Commission Recommendation (EU) 2018/234 of 14 February 2018 on enhancing the European nature and efficient conduct of the 2019 elections to the European Parliament1 and Commission Recommendation of 12 September 2018 on election cooperation networks, online transparency, protection against cybersecurity incidents and fighting disinformation campaigns in the context of elections to the European Parliament2; and the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Securing free and fair European elections3. 1 OJ L 45, 17.2.2018, p. 40–43 2 C(2018) 5949 final 3 COM(2018) 637 final
Amendment 40 #
Paragraph 5 5. Takes the view that the digital age requires electoral laws to be adapted to this new digital reality and suggests Member States introduce an obligatory system of
Amendment 41 #
Paragraph 7 7. Rec
Amendment 42 #
Paragraph 7 7. Recommends all online platforms distinguish political uses of their online advertising products from their commercial uses; recalls that processing personal data for political advertising requires a separate legal basis from the one for commercial advertising;
Amendment 43 #
Paragraph 7 7. Recommends all online platforms to distinguish, to the extent possible, political uses of their online advertising products from their commercial uses;
Amendment 44 #
Paragraph 8 8. Believes that the requirement to verify the identity, location and sponsor of political advertisements recently introduced by Facebook in the US is a good initiative which will increase transparency and contribute to the fight against election meddling by foreign actors; urges Facebook to introduce the same requirements for political advertisements in Europe; calls on the Member States to adjust their electoral laws to this effect;
Amendment 45 #
Paragraph 9 9.
Amendment 46 #
Paragraph 9 9. Believes that profiling for political and electoral purposes and profiling based on online behaviour that may reveal political preferences, such as interaction with political content, insofar, as, pursuant to EU data protection law, it refers to political or philosophical opinions, should be prohibited and is of the opinion that social media platforms should monitor and actively inform authorities if such behaviour occurs; also believes that profiling based on other data, such as socio-economic or demographic factors, for political and electoral purposes, should be prohibited;
Amendment 47 #
Paragraph 9 9.
Amendment 48 #
Paragraph 9 9. Believes that profiling for political and electoral purposes, as, pursuant to EU data protection law, it refers to political or philosophical opinions, should be prohibited and is of the opinion that social media platforms should monitor and actively inform authorities if such behaviour occurs; Calls on political parties and other actors involved in elections to refrain from using profiling for political and electoral purposes; calls on political parties to be transparent as to their use of online platforms and data;
Amendment 49 #
Paragraph 10 10.
Amendment 5 #
Citation 13 c (new) – having regard to the proposal from the Commission for a Regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament1. 1 COM(2018) 636 final/2
Amendment 50 #
Paragraph 10 10.
Amendment 51 #
Paragraph 11 Amendment 52 #
Paragraph 11 11. Considers election interference to be a great challenge for democracy which requires a joint effort involving service providers, regulators and political actors and parties;
Amendment 53 #
Paragraph 11 11. Considers election interference to be a
Amendment 54 #
Paragraph 11 a (new) 11 a. Welcomes the package presented by the Commission on 12 September 2018 regarding preparations for the European elections;
Amendment 55 #
Paragraph 11 b (new) 11 b. Calls on the Member States to implement the Commission’s Recommendation on free and fair European elections, which highlights key steps to further enhance the efficient conduct of the 2019 European elections and apply the same principles in the conduct of other elections at national level;
Amendment 56 #
Paragraph 11 c (new) 11 c. Calls for the swift adoption of the proposal of the Commission amending Regulation 1141/2014/EU on European political parties and foundations, to strengthen the tools available to regulators to prevent misuse of data in the context of European Elections;
Amendment 57 #
Paragraph 11 d (new) 11 d. Encourages Member States to set up the national election cooperation networks of relevant authorities, as referred to in the Recommendation of the Commission, in order to quickly detect potential threats to elections, exchange information and best practices and ensure swift and well-coordinated responses;
Amendment 58 #
Paragraph 12 Amendment 59 #
Paragraph 12 Amendment 6 #
Citation 13 d (new) – having regard to the Commission guidance on the application of Union data protection law in the electoral context1. 1 COM(2018) 638 final
Amendment 60 #
Paragraph 12 12.
Amendment 61 #
Paragraph 14 14. Notes the actions undertaken by Facebook to counter data misuse, including the disabling or ban of applications suspected of misusing user data; expects Facebook to act swiftly on reports regarding suspicious or abusive applications and to prevent such applications from being allowed on the platform in the first place;
Amendment 62 #
Paragraph 15 15. Stresses that social media platforms are not merely passive platforms that only group user generated content but highlights that technological developments have widened the scope and role of such companies by introducing algorithm based advertising and content publication
Amendment 63 #
Draft motion for a resolution Paragraph 15 15. Stresses that social media platforms are not
Amendment 64 #
Paragraph 16 a (new) 16 a. Finds that Facebook did not only breach the trust of EU citizens, but indeed EU law and recalls that during the hearings, a Facebook representative confirmed that Facebook was aware that the terms and conditions of the “This is your digital life” app stated that the data the app collected could be sent to third parties; concludes that Facebook knowingly went into a contract with an app developer that openly announced that they reserve the right to disclose personal data to third parties; concludes furthermore that Facebook is the controller of the personal data and is therefore legally responsible when entering into a contract with a processor that breaches EU data protection law;
Amendment 65 #
Paragraph 17 17. Takes note of the privacy improvements that Facebook has undertaken after the Facebook/ Cambridge Analytica scandal
Amendment 66 #
Paragraph 17 17. Takes note of the privacy improvements that Facebook has undertaken after the Facebook/ Cambridge Analytica scandal, but recalls that Facebook promised to hold a full internal audit of which the European Parliament has not yet been informed and recommends that Facebook make substantial modifications t
Amendment 67 #
Paragraph 17 17. Takes note of the privacy improvements that Facebook has undertaken after the Facebook/ Cambridge Analytica scandal, but recalls that Facebook promised to hold a full internal audit of which the European Parliament has not yet been informed and recommends that Facebook make substantial modifications
Amendment 68 #
Paragraph 17 17. Takes note of the privacy improvements that Facebook has undertaken after the Facebook/ Cambridge Analytica scandal, but recalls that Facebook promised to hold a full internal audit of which the European Parliament has not yet been informed and recommends that Facebook make substantial modifications
Amendment 69 #
Paragraph 17 17. Takes note of the privacy
Amendment 7 #
Citation 13 e (new) – having regard to Commission Recommendation of 12.9.2018 on election cooperation networks, online transparency, protection against cybersecurity incidents and fighting disinformation campaigns in the context of elections to the European Parliament;
Amendment 70 #
Paragraph 17 17. Takes note of the privacy improvements that Facebook has undertaken after the Facebook/ Cambridge Analytica scandal, but recalls that Facebook promised to hold a full internal audit of which the European Parliament has not yet been informed and
Amendment 71 #
Paragraph 18 18. Urges Facebook to allow and enable
Amendment 72 #
Paragraph 18 18. Urges Facebook to allow and enable ENISA and the EDPB, within the limits of their respective mandates, to carry out a full and independent audit of its platform
Amendment 73 #
Paragraph 19 19. Urges social media platforms - in accordance with the Code of Practice on Disinformation - to label content shared by bots and to
Amendment 74 #
Paragraph 20 20. Calls on all online platforms providing advertising services to political parties and campaigns to include expertise within the sales support team who can provide political parties and campaigns with specific advice on transparency and accountability in relation to how to prevent that personal data is used to target users; calls on all online platforms that allow buyers of advertising to make certain selections to provide legal advice on the responsibilities of those buyers as joint controllers of the data, following the judgment of the CJEU in case C-210/16;
Amendment 75 #
Paragraph 21 21. Calls on all online platforms to urgently roll out planned transparency features in relation to political advertising, which should include consultation and evaluation of these tools by national authorities in charge of electoral observation and control; insists that such political and electoral advertising should not be done on the basis of individual user profiles; regrets that the Commission in its Recommendation from 12 September 2018 only focuses on transparency and not on a clear ban on individually targeted political advertising;
Amendment 76 #
Paragraph 21 a (new) 21 a. Calls on Member States to adapt the electoral rules to online campaigning including transparency on funding, silence periods and the role of the media and disinformation;
Amendment 77 #
Paragraph 23 Amendment 78 #
Paragraph 23 a (new) 23 a. Calls on the European Parliament to encourage the British Government to legislate as soon as possible to review the new rules under ‘The Transparency of Donations and Loans etc. (Northern Ireland Political Parties) Order 2018’ applying to the North of Ireland, recognising that the new rules do not apply to retroactive donations, and still incur legislative loopholes as per the work undertaken via campaigning journalism by OpenDemocracy;
Amendment 79 #
Paragraph 23 b (new) 23 b. Recognises the work of legal representatives within the non-profit organisation ‘Good Law Project’ in their successful Court case against the Electoral Commission and VoteLeave, which challenged the adequacy of the Electoral Commission’s investigation into spending by VoteLeave alongside their reading of the law around donations;
Amendment 8 #
Recital A A. whereas investigative journalism uncovered and made public major data leaks of Facebook user data in relation to the access that was granted by Facebook to third party applications and the subsequent abuse of this data for electoral campaigning efforts and other
Amendment 80 #
Paragraph 23 c (new) 23 c. Recognises that the non-profit ‘Good Law Project’ are continuing their efforts to uphold transparent, open and accountable politics, fundraising for a continued legal challenge, that the same logic must apply to the Constitutional Research Council, the body that gave the £435,000 donation to the Democratic Unionist Party;
Amendment 81 #
Paragraph 24 Amendment 82 #
Paragraph 24 24. Takes the view that data protection authorities should have the same, if not more technical expert knowledge as those organisations under scrutiny
Amendment 83 #
Paragraph 24 24. Takes the view that data protection authorities should have the same, if not more technical expert knowledge as those organisations under scrutiny
Amendment 84 #
Paragraph 24 24. Takes the view that data protection authorities should
Amendment 85 #
Paragraph 24 24. Takes the view that data protection authorities should have the same, if not more technical expert knowledge as those organisations under scrutiny
Amendment 86 #
Paragraph 26 26. Recalls its Resolution of 5 July 2018 on the Adequacy of the protection afforded by the EU-US Privacy Shield and, in view of the acknowledgement by Facebook that major privacy breaches occurred; calls on the US authorities responsible for enforcing the Privacy Shield to act upon such revelations without delay in full compliance with the assurances and commitments given to uphold the current Privacy Shield arrangement and, if needed, to remove such companies from the Privacy Shield list;
Amendment 87 #
Paragraph 26 a (new) 26 a. Regrets that the deadline for the US to be fully compliant with the Privacy Shield of 1 September 2018 has not been met; considers therefore that the Commission has failed to act in accordance with Article 45(5) GDPR; urges therefore, in line with its Resolution of 5 July 2018 on the Adequacy of the protection afforded by the EU-US Privacy Shield, the Commission to suspend the Privacy Shield until the US authorities comply with its terms;
Amendment 88 #
Paragraph 27 27. Notes that the misuse of personal data affects the fundamental rights of billions of people around the globe; considers that the GDPR and the e-Privacy Directive provide for the highest standards of protection; regrets that Facebook decided to move 1.5 billion non-EU users out of the reach of the protection of the GDPR and the e-Privacy Directive;
Amendment 89 #
Paragraph 27 27. Notes that the misuse of personal data affects the fundamental rights of billions of people around the globe; considers that the GDPR and the e-Privacy Directive provide for the highest standards of protection; regrets that Facebook decided to move 1.5 billion non-EU users out of the reach of the protection of the GDPR and the e-Privacy Directive; questions the legality of such a move; urges all online platforms to apply the GDPR standards (and the e-privacy) to all their services, regardless of where they are offered, as high standard of protection of personal data is increasingly seen as a major competitive advantage;
Amendment 9 #
Recital B B. whereas th
Amendment 90 #
Paragraph 28 Amendment 91 #
Paragraph 28 28. Calls on the European Commission to upgrade the competition rules to reflect the digital reality and to look into the business model of social media platforms and their possible monopoly situation, taking into due account the fact that such a monopoly could be present rather due to the specificity of the brand and the amount of personal data that is held rather than an traditional monopoly situation and to take the necessary measures to remedy this; calls on the Commission to propose amendments to the European Electronic Communications Code that also require over-the-top communications providers to interconnect with others, in order to overcome the lock-in effect for their users;
Amendment 92 #
Paragraph 29 Amendment 93 #
Paragraph 29 29. Requests the European Parliament, the Commission, the Council and all other European Union institutions, agencies and bodies to verify that the social media pages and the analytical and marketing tools used on their respective websites should not by any means put to risk the personal data of citizens; suggests them to evaluate their current communication policies in that perspective which may result in considering closing their Facebook accounts as a necessary condition to protect the personal data of every individual contacting them; instructs its own communications department to strictly adhere to the EDPS Guidelines on the protection of personal data processed through web services provided by EU institutions1; 1 https://edps.europa.eu/sites/edp/files/publ ication/16-11- 07_guidelines_web_services_en.pdf
Amendment 94 #
Draft motion for a resolution Paragraph 30 Amendment 95 #
Paragraph 30 30. Urges Council to
Amendment 96 #
Paragraph 32 a (new) 32 a. Calls on the Member States to take measures to address the risks posed to the security of network and information systems used for the organisation of elections.
Amendment 97 #
Paragraph 32 b (new) 32 b. Member States should engage with third parties, including media, online platforms and information technology providers, in awareness raising activities aimed at increasing the transparency of elections and building trust in the electoral processes.
Amendment 98 #
Paragraph 33 Amendment 99 #
Paragraph 33 33. Is of the opinion
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