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.

The District Court in Warsaw (Appellate Division) upheld its interim measures ruling from 2019 in which it temporarily prohibited Facebook from removing fan pages, run by the Polish NGO “SIN”, on Facebook and Instagram, as well as from blocking individual posts. This means that – until the case is decided – SIN’s activists may carry out their drugs-related education on the platform without concerns that they will suddenly lose the possibility to communicate with their audience. The decision is now final. What does it mean on the broader scale?

The list of negative consequences of how dominant online platforms shape our experience online is neither short nor trivial. From exploiting users’ vulnerabilities, triggering psychological trauma, depriving people of job opportunities to pushing disturbing content to others, these are just some examples. While members of the European Parliament debate their position on the Digital Services Act, Panoptykon Foundation, together with 49 civil society organisations from all over Europe, urge them to ensure protection from the harms caused by platforms’ algorithms.

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.