Sensitive data such as users’ sexual orientation or political opinions are collected for use in targeting advertising. The European Commission is giving LinkedIn until April 5 to explain itself.
This Thursday, March 14, 2024, the European Commission requested clarification from LinkedIn, Microsoft’s professional social network, regarding the alleged use of sensitive personal data (such as sexual orientation or political opinions) for advertising targeting purposes. .
This request for information is part of the EU Digital Services Regulation (DSA), which imposes new obligations on online platforms, in particular regarding the profiling of users for advertising purposes, without constitute a charge at this stage.
A complaint filed by NGOs behind the EC request
The request for information comes after the filing in February of a complaint by the NGOs European Digital Rights (EDRi), Global Witness, Gesellschaft für Freiheitsrechte and Bits of Freedom, which called for effective implementation of the DSA.
On February 26, 2024, these organizations submitted a complaint to the European Commission, concerning a possible violation of the Digital Services Act (DSA) by LinkedIn, a platform falling under the DSA legislation. At issue is its alleged use of sensitive data such as sexual orientation, political opinions or racial origin for online advertising targeting, a practice prohibited by the new legislation.
These NGOs point out that this data should never be used for advertising targeting and underline the importance of respecting the DSA in the run-up to the European elections.
“ DSA helps protect users from discriminatory targeting and protects our democratic discourse from targeted polarization and manipulation through misleading or selective messages delivered through advertising. », They specify on their site.
By filing this complaint, they intend to promote rigorous application of the DSA, thus underlining the essential role of civil society organizations in defending the rights of users and in contributing to the understanding of the practices of online platforms.
The risks faced by LinkedIn in the event of a DSA violation
The European Commission has initiated an investigation procedure, emphasizing that it does not necessarily anticipate possible additional measures to be taken. However, it recalls that, in accordance with Article 74(2) of the DSA, fines may be imposed for providing incorrect, incomplete or misleading information in response to a request for information.
The European Commission is not at its trial run with social networks. On March 1, 2023, she had already requested information from Meta regarding ad-free subscription options offered to Facebook and Instagram users.
At the end of 2023, it also ordered Amazon to provide more information on the sale of illicit products and the protection of fundamental rights, as well as on the compliance of recommendation systems with the relevant provisions of the regulation.
This is a great first for LinkedIn, which therefore has, remember, until April 5 to provide additional information to the European Commission.
Source : European Commission, The Digital Factory, EDRi
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