GDPR-DATA

Beyond performative transparency
lessons learned from the eu code of practice on disinformation

Table of Contents

In this paper, the authors argue that how we understand the role that social media platforms play in both the collection of data and the social outcomes that result from these data extraction processes needs to be questioned, and they call for transparent access to data based on the idea that what platforms view as property is based on a commercially motivated form of extraction rather than a naturally occurring form of social knowledge.

Abstract

The EU Code of Practice on Disinformation has attempted to approach the issue of disinformation through a self-regulatory model, but this has seen limited success. We analyze 1114 self-reported actions from Code signatories (Google, Meta, Microsoft, Mozilla, TikTok, and Twitter) taken from 47 monthly transparency reports addressing COVID-19-related disinformation. While the transparency reports were designed to provide transparent, meaningful reporting, the process of assessing each platform’s disinformation actions was complex due to repetition, vague descriptions, and a lack of quality data. Platform actions were often reported using a promotional tone; some were irrelevant to COVID-19 or disinformation. We argue that how we understand the role that social media platforms play in data collection and the social outcomes that result from these data extraction processes needs to be questioned. Drawing upon data colonialism, we call for transparent access to data based on the idea that what platforms view as the property is based on a “commercially motivated form of extraction” rather than a “naturally occurring form of social knowledge.” European debates about regulating online disinformation must be set against a broader perspective on regulating the digital environment as a public infrastructure. Policymakers can achieve better civic and democratic outcomes by focusing on controlling the digital environment through, for example, robust competition, data portability, and interoperability rules. Such actions can break Big Tech’s dominance while incentivizing better and new services for citizens.

Results

The EU Code of Practice on Disinformation has shown limited effectiveness in self-regulation, with transparency reports often needing to be more precise and relevant. There is a significant need for independent verification of platform claims and improved access to meaningful data for researchers. The self-regulatory framework needs to address the complexities of disinformation and the accountability of social media platforms. Policymakers should consider regulating the digital environment as a public infrastructure to enhance civic and democratic outcomes.

Conclusion

The paper concludes that data brokers play a significant role in the digital economy, primarily due to their non-transparent business models, which have substantial legal, ethical, and societal implications. It identifies conflicts between data broker operations and the European Data Protection Regulation (GDPR), suggesting that the current legal framework may not be sufficient to address the challenges posed by these entities. The analysis incorporates interdisciplinary findings and considers new legislative procedures at the European Union level, indicating a need for updated regulations to better manage the secondary use of data. The paper emphasizes the importance of the ongoing legal debate around targeted advertising, dark patterns, and data collection practices, which are crucial for understanding the broader impact of data brokers on privacy and data protection. Overall, the paper calls for increased transparency and regulation of data brokers to align their practices with the principles of GDPR and to protect individual privacy rights in the digital age….

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