EU Demands Meta Explain Data Access After CrowdTangle Shutdown
Brussels, Monday, 9 September 2024.
The European Commission has requested information from Meta regarding its compliance with the Digital Services Act, particularly focusing on researcher data access and election monitoring capabilities following the discontinuation of CrowdTangle. This move underscores the EU’s commitment to digital space regulation and user rights protection.
Background and Context
The Digital Services Act (DSA), a legislative package adopted by the European Union, aims to create a safer digital space by establishing clear responsibilities for online platforms. One of its key focuses is to ensure transparency and accountability from very large online platforms (VLOPs) like Meta, which owns Facebook and Instagram. The discontinuation of CrowdTangle on 14 August 2024 has raised significant concerns among regulators about Meta’s ability to meet its obligations under the DSA. The Commission’s request for information (RFI) seeks to clarify how Meta intends to provide researchers with necessary data access and to update its election and civic discourse monitoring functionalities.
Commission’s Concerns
On 30 April 2024, the European Commission opened formal proceedings against Meta, citing deficiencies in its provision of access for researchers to publicly available data and the absence of effective third-party, real-time civic discourse and election-monitoring tools ahead of the European Parliament elections. To address these issues temporarily, Meta deployed 27 new public real-time visual dashboards in May 2024, one for each EU Member State. However, the recent discontinuation of these functionalities has reignited the Commission’s concerns, leading to the current RFI.
How the Digital Services Act Works
The DSA sets out a framework that obligates VLOPs to implement measures that enhance transparency and accountability. This includes providing access to data that is publicly accessible on their platforms, implementing robust content moderation mechanisms, and ensuring that users can easily report illegal content. For Meta, this means maintaining functionalities that allow third-party researchers to monitor civic discourse and elections effectively. The Commission’s RFI specifically requests details about Meta’s content library and its application programming interface (API), including eligibility criteria, the application process, and the types of data accessible through these tools.
Potential Consequences for Non-Compliance
Meta has until 6 September 2024 to respond to the Commission’s RFI. The Commission will then assess the information provided to determine the next steps. Possible actions include interim measures, non-compliance decisions, or accepting commitments from Meta to address the issues raised. According to Article 74(2) of the DSA, the Commission can impose fines for providing incorrect, incomplete, or misleading information in response to an RFI. Failure to respond could lead to formal requests by decision and, subsequently, periodic penalty payments.
Implications for Digital Innovation
Ensuring compliance with the DSA not only holds platforms like Meta accountable but also fosters innovation in digital governance and user protection. By compelling Meta to provide transparent access to data and robust monitoring tools, the DSA aims to create a safer digital environment. This regulatory framework encourages platforms to innovate in ways that prioritize user safety, data transparency, and accountability, setting a new standard for digital services globally.