Is There a Higher Bar for Political Advertisers?
Published online by Cambridge University Press: aN Invalid Date NaN
Use Case 3 in Chapter 6 examines the regulation of MDTs in the context of political advertising under the General Data Protection Regulation (GDPR), the Regulation on Transparency and Targeting of Political Advertising (TTPA), the Digital Services Act (DSA), and the Artificial Intelligence Act (AIA). The prohibition on advertising based on profiling with special category data in both the DSA and the TTPA does not adequately reflect the capabilities of modern data analytics. Both the DSA and the TTPA fall short in addressing MDTs as stand-alone techniques or as complements to online behavioural advertising and political microtargeting. The AIA’s prohibition of subliminal, manipulative, and deceptive techniques requires a complex set of criteria to be met, with the outcome still uncertain.
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