New privacy policy of Panoptykon Foundation

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.

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.

The report looks at what happens at the interface of Internet service providers and public authorities in Poland. Who sends requests for users data, how many and for what purpose, what legal procedures are followed and what safeguards apply. During our research we analysed legal provisions and collected data from both major Internet service providers and public authorities. On that basis we were able to identify several systemic problems that should be solved in order to ensure adequate standard of protection for individuals.