Main question: How free is voters’ choice when they are under the influence of new data processing and analytical techniques (e.g. micro-targeting, voter profiling, political influence, political surveillance)? How fair are elections if the scope of campaigns depends of the costs of algorithms that candidates can or not afford and if votes are motivated by emotional reactions?

The panel discusses the new realities of recent and current electoral campaigning, where “vote for me” has become “don’t vote for him/her” and where many new campaigning strategies are offering opportunities increasingly and easily available online, when it is forbidden by law offline. Political communication has become disconnected from political agendas, manifestos and programmes, while concentrating primarily on eliciting emotions. In the context of the Covid-19 global pandemic, digital campaigning is likely to grow, making political parties barely distinguishable from marketing companies. In that context, personal data are increasingly necessary and resorted to as the basis of political campaigning but the way this operates, how and which data are collected, processed and on which basis remains unclear and, probably voluntarily blurred. Even if privacy is highly contextual and politicians do not consider themselves subject to DPAs as “their” regulators, these authorities have a real role for more much needed transparency. This can be achieved by more regulatory actions.

Conclusions: the Committee of Convention 108 carries a huge potential for discussing the appropriate recommendations in this area on the basis of Convention 108+ and with a global approach. Inputs from other Council of Europe institutions, bodies (e.g. the Parliamentary Assembly and the Venice Commission) and committees would significantly benefit to such an endeavour. In any case, privacy should remain a human right protected by democracies and, in turn, democracy should not compromise individuals’ privacy. This could be guaranteed by a new normative instrument.

Q/A session covers: the role and possibilities of Council of Europe organs and bodies to address these issues in standard setting work; how do domestic micro-targeting ecosystem operates; origin and ways of processing of data used by political parties; the availability of best practice guides