Seven months after the scandal broke out on the use of the personal data of millions of users at the US social media giant, Facebook, by the Cambridge Analytica company (EUROPE 11984), the European Parliament's civil liberties committee (LIBE) is ready to move from words into deeds.
On Thursday 27 September, MEPs examined the draft resolution elaborated by Claude Moraes (S&D, United Kingdom) – the result of the hearing of the Facebook CEO, Mark Zuckerberg, last May (see EUROPE 12024) and the three follow-up hearings organised between June and July at the Parliamentary committee (see EUROPE 12054, 12049, 12034).
Independent audit of Facebook by ENISA and EDPS
Claude Moraes explained that the first request made in the draft resolution can be fully understood in light of the MEPs’ disappointment about the information provided during the hearings.
The text therefore demands a comprehensive and independent audit into the way in which Facebook protects the personal data of its users, to be carried out by the European network Information Security Agency (ENISA) and the European Data Protection Supervisor (EDPS).
Although the proposal received the support of the S&D, Greens/DFA and the GUE/NGL, it does not appear to have convinced the EPP. Axel Voss MEP (EPP) explained “I have my doubts I do not currently know whether ENISA has a remit to carry out this kind of investigation”.
The text is also proposing that Eurojust “urgently” launches a special investigation, in cooperation with the member state authorities, into the alleged misuse of the online political area by foreign forces. It also calls on the Commission to present at its earliest convenience, the necessary proposals for expanding the remit of the European Prosecutor's Office and the pursuit of crimes against electoral infrastructure.
A minima ethics code and regulation if necessary
Another request included in the draft regulation calls for a code of conduct for “ethics campaigns in the digital era” drawn up by social media platforms, political parties and the public sector, in close collaboration with the European Commission.
The text explains, however, that “If companies fail to agree and implement such a Code of Conduct on ethical campaigning, the European Commission should introduce regulation to make such ethical rules compulsory”.
The provision appears to have the support of the S&D, GUE/NGL and ELDD groups that has not yet obtained approval from the EPP or ECR, which would like it replaced by the term “strengthened control".
Call to close down Facebook accounts
It should be pointed out that in a previous version of the draft resolution, unveiled by the International Association of Private Life Professionals, the European Parliament had considered calling on the European institutions and all EU bodies to “immediately close down their Facebook accounts” in an effort to protect the personal data of anyone contacting them.
The final version was ultimately made somewhat softer and calls on the institutions to “verify that the social media pages and the analytical and marketing tools used on their respective websites should not by any means put to risk the personal data of citizens” whilst emphasising that they could, at the end of this assessment, decide to close down their Facebook accounts.
Birgit Sippel (S&D, Germany) said “I would have liked the wording to be a little tougher, with a slightly harsher critique but I can accept this document”. She did, however, subsequently warn that “if certain quarters are tempted to water it down or further dilute it, I would not be able to agree. Here we have a compromise, it is acceptable, let's not forget either that we are very close to an election and I think it is time to obtain a result".
Daniel Dalton (ECR, United Kingdom) said that certain provisions in the resolution went, on the contrary, too far, particularly the references to a possible impact from the affair on Brexit, which he believed “did not help things".
The political groups only have a day to submit their comments or amendments - the deadline was set for the end of the day on Friday 28 September -in view of a vote at the LIBE Committee on 10 October. (Original version in French by Marion Fontana)