The Constitutional Court of Romania has annulled the first round of the 2024 presidential elections after detecting external influence and Russian cyberattacks. The electoral process, which had already generated concern in Bucharest and other cities of the country, remains suspended pending new judicial directives.
Investigation on digital manipulation and social media
Analysts have reported a suspicious and artificial increase in followers and "likes" on TikTok during the presidential campaign. The European Commission keeps open a formal investigation against TikTok for possible violation of the digital services law. An experiment conducted by Global Witness showed that the platform's algorithm recommended content in favor of one candidate between 4.6 and 14 times more than in favor of the other candidate.
TikTok has responded that "this study does not reflect the real use of its users" and several academics have questioned the methodology used in similar experiments. The controversy adds to concerns about the use of personal data in political campaigns.
Personal data and risks of discrimination
The Romanian Constitutional Court and Law 1581 of 2012, article 5, have recalled that personal data revealing political orientation are considered sensitive. The processing of this data can lead to situations of marginalization or discrimination, which is why it is prohibited except for specific, voluntary, and individualized authorization.
International Background and New Regulations
The Romanian case recalls the precedent of the 2016 elections in the United States, when Cambridge Analytica used data from almost 50 million people "to psychologically manipulate voters." The company developed and distributed fake news with the aim of affecting trust and modifying voting decisions in a personalized way.
According to academic Shoshana Zuboff, "social networks work with predictive models that they sell to those who offer advertising, not only to get our attention, but to generate monetization." Following the Cambridge Analytica scandal, Meta removed targeting options related to causes, organizations, or public figures linked to health, race, ethnic origin, political affiliation, religion, or sexual orientation.
Political segmentation and institutional control
A recent study shows that during the 2022 legislative elections in the United States, parties and citizen groups segmented ads to very specific populations according to political interests, using seemingly neutral interests. For example, the Virginia House Republicans directed ads to people interested in NASCAR, big game hunting, and deer hunting. For its part, the CA Black Power Network organization targeted messages to users interested in The Shade Room, Basketball Wives, and Love & Hip Hop to mobilize the African American community in California.
Meta currently offers the Advantage plus demographic option, which allows directing advertising through an opaque algorithmic model. The Superintendence of Industry and Commerce has issued a circular to remind parties, campaigns, and digital platforms of the obligation to comply with and be able to demonstrate compliance with personal data regulations.
- The processing of sensitive personal data is prohibited by general rule and can only be carried out with specific and voluntary authorization.
- The citizenry can demand proof of compliance in matters of data protection.