Electoral campaigns, Big Data and ideological profiling. Addressing their problematic from the perspective of the fundamental right to data protection

Abstract

This paper deals with the regulation, practice and problems of political profiling in relation to data protection, taking into consideration both the RGPD and the specific regulation adopted in Spain through the reform of the LOREG. Firstly, it explains what political profiling consists of and its methodology based on recent experiences. Secondly, it refers to the lack of a adequated legal response and its admissibility within the framework of the State of Parties. Finally, the paper proposes technical and legal safeguards that will help to measure the application of this technique, and reflects on the possible overdimensioning of its impact on the democratic system and electorate decisions in the light of recent campaigns, such as those conducted by Cambridge Analytica.