The European data protection supervisor issues an opinion on the proposed Digital Services Act

On February 10, the European Data Protection Supervisor (EDPS) published an opinion on the proposal for a Digital Services Act (DSA), submitted by the European Commission last December, which we have already discussed in this blog and in this legal flash.

The EDPS first refers to the risks of processing personal data to determine users’ online experience. This has increased polarization, misinformation and manipulation of ideological and political opinions in society. Consequently, the EDPS agrees that there is a need for (i) achieving greater transparency and security online; and (ii) defining a liability regime for providers of intermediary services.

In addition to the guarantees provided in the General Data Protection Regulation, the EDPS issues a set of recommendations, including:

• Encouraging the use of automated tools (not involving, to the extent possible, processing of personal data) to detect, identify and process potentially unlawful content.
• Any measures and safeguards for content moderation must be necessary and proportionate to the aims pursued.
• Recommendation systems should not be based, by default, on monitoring or profiling, unless there is proof that such measures are strictly necessary to mitigate the categories of systemic risks identified in the proposed DSA.
• Considering additional provisions other than transparency rules, including a phase-out leading to a prohibition of targeted advertising based on pervasive user tracking.
• Clarifying that, according to requirements for data protection by design and by default, recommendation systems should not be based, by default, on profiling.
• Considering the introduction of minimum interoperability requirements for very large online platforms.
• Strengthening cooperation and information exchange between competent authorities.

Author: Ane Alonso