Federal election | Authority: Election advertising based on user profiles was unlawful

The SPD emerged as the strongest force in the 2021 federal election. She then formed a coalition with the Greens and the FDP. Photo: dpa/Julian Degler Berlin. The Berlin Commissioner for Data Protection and Freedom of Information has criticized the use of so-called political microtargeting by the CDU, SPD, Alliance 90/The Greens and The Left in the 2021 federal election campaign. According to a notice that was available to the German Press Agency, the authority issued reprimands and warnings against the four parties. The complaint against the controversial advertising method was supported by the European data protection organization Noyb.

According to the Berlin data protection officer, the four parties violated the General Data Protection Regulation (GDPR). They processed sensitive data about the presumed political interests of Internet users in order to show them targeted election advertising. There was no sufficient legal basis for this processing, such as the express consent of those affected.

With so-called microtargeting, user profiles are created based on interests, habits and online activities. Parties can use such information to target specific groups of people with individually tailored electoral messages. The data protection authority complained that personal data had been processed without a sufficient legal basis.

The starting point for the process was research by ZDF Magazin Royale from 2021. The editorial team used a browser extension to collect data about election advertising played out. On this basis, the data protection organization Noyb from Vienna submitted complaints to the Berlin authorities on behalf of affected citizens in March 2023.

Data protection lawyer Felix Mikolasch from Noyb welcomed the decision. "Political microtargeting poses a real threat to our democracy. These decisions therefore ensure a level playing field for all political parties," he explained.

Noyb founder Max Schrems emphasized that the procedure was primarily about compliance with data protection rules in future election campaigns.

The proceedings against the AfD are still pending. The party had tried to challenge the investigative powers of the Berlin data protection authority in court. However, according to Noyb, the Berlin Administrative Court decided that the AfD must provide the authority with the requested information.

According to the information, the decisions against the four other parties were made on September 24, 2026. However, they were not sent to those involved until mid-October. The authority did not impose any fines. Instead, it remained reprimands or warnings. dpa/nd

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