Data-driven technologies are not neutral. A decision to collect, analyse and process specific kind of information is structured and motivated by social, economic and political factors. Those data operations may not only violate the right to privacy but also lead to discrimination and oppression of socially marginalised communities. Discriminatory data processes and algorithms are a massive challenge for the modern human rights movement that requires non-standard solutions. The report “Between Anti-discrimination and Data” – tries to shed light on this problem from the perspective of European civil society organisations.

“We don’t have to manipulate our customers or exploit their vulnerabilities to scale up” – European entrepreneurs and social organizations appeal to the MEPs to put an end to invasive and privacy-hostile practices related to surveillance-based advertising and thus open the market to ethical and innovative online ads, which respect users’ rights and their choices. On the opposite bench – the Big Tech lobby fights for the status quo to remain – despite the well-documented social and individual harms caused by the current ads ecosystem.

Following a number of complaints filed in 2018 and 2019, including by Panoptykon and Bits of Freedom, and coordinated by the Irish Council for Civil Liberties, the Belgian Data Protection Authority has found that the consent system developed and managed by the adtech industry body IAB Europe, and used by many websites in the EU, is illegal under the GDPR.

European officials urged Big Tech to ban Kremlin-related accounts in the effort to tackle the propaganda online, as the Internet – and particularly the social media – became an important front of Russian invasion on Ukraine. But such “digital sanctions” are just a Band-Aid on a bullet wound. Yet again we call therefore for robust platform regulations in the Digital Services Act instead. The current crisis only confirms how badly overdue systemic solutions are.

A case study examined by Panoptykon Foundation and showcased by the Financial Times, demonstrates how Facebook uses algorithms to deliver personalised ads that may exploit users’ mental vulnerabilities. The experiment shows that users are unable to get rid of disturbing content: disabling sensitive interests in ad settings limits targeting options for advertisers, but does not affect Facebook’s own profiling and ad delivery practices. While much has been written about the disinformation and risks to democracy generated by social media’s data-hungry algorithms, the threat to people’s mental health has not yet received enough attention.