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The (un)lawful processing of personal data manifestly made public by the data subject for political advertising purposes: An analysis from the perspective of data protection based on the Brazilian experience and its European influences
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2024
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Gesellschaft für Informatik e.V.
Zusammenfassung
The widespread use of online platforms for political advertising has prompted concerns regarding the processing of personal data for purposes such as sponsored boosting of political content and political microtargeting. The implementation of targeting and amplification techniques enables political actors to address content in a tailored manner to target audiences and to increase the reach of such content in the online domain. The availability of a vast quantity of data enables the aforementioned processes. This paper examines the situation from the perspective of Brazil, based on the Brazilian Electoral Law and Data Protection Law, as well as the European Union legal framework that has had an influence on it, such as the DSA, the RTT, and the GDPR. The focus of this paper is on a specific category of data that presents a challenging situation in both jurisdictions: personal data that has been manifestly made public by the data subject.