Election advertising and data protection

Several important elections are coming up in Germany again this year. While Bremen will hold its state elections on May 14, 2023, state elections in Bavaria and Hesse will take place on October 8, 2023. In the weeks and months leading up to the election, the population of these federal states will once again notice the numerous election posters on the side of the road or the commercials on television or radio. From a data protection perspective, these forms of election advertising are generally unproblematic, as no voters’ personal data is process and data protection.

Election advertising following a registration information request and data protection

In order for political parties to send personally address. Election advertising to potential voters, belgium business fax list they must first obtain. The private addresses of those eligible to vote. The data obtain from the population register may only be us by political parties for the purpose of “advertising in an election or vote”among other things.

Election advertising after purchasing data from address dealers

However, the parties are not requir to request the data requir for (election) advertising from the registration authority. According to Recital 47, Sentence 7 of the GDPR, the processing of personal data for the purpose of direct advertising constitutes such processing serving a legitimate interest. Overriding fundamental freedoms and rights. The data subjects generally do not exist, what should you include in your job application email? since the interference with informational self-determination is not to be weight more. Heavily than the interference permitt by the aforemention Section 50 (1) BMG. However, it should be noted that data subjects are grant the right to object at any time to the processing of personal data for direct marketing purposes (more on this later).

Fulfillment of information obligations by the parties

If the personal data is process on the basis of information from the residents’ register pursuant to Section 50 (1) of the. Federal Ministry of Education and Research (BMG), the question arises as to whether the exception. Article  GDPR applies with regard to the obligation to provide information. Accordingly, albania business directory information need not be provid if. The “obtaining or disclosure is expressly regulated by Uni.  Member State law to which the controller is subject and which provides for appropriate. Measures to protect the legitimate interests of the data subject.

Voters’ rights

When personal data is processed for election advertising purposes they can assert against the responsible parties. First and foremost, the data subject rights under Articles 15 et seq. of the GDPR are worth mentioning here. These grant data subjects, among other things, a right to information, rectification, or erasure of data. In connection with personalized election advertising, the right of objection under Article 21 of the GDPR is of particular importance.

Other communication tools and channels

While election advertising by post is generally permissible subject to compliance with the regulations described, election advertising via telephone calls or email is generally only permitted with express consent due to the disproportionate interference with the protection of those affected (for more information, see the HBDI handout, p. 8 et seq.).

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