DIGITAL PLATFORMS AND THE DIGITISATION OF GOVERNMENT SURVEILLANCE
2021
In Europe today, digital platforms, such as Facebook, Twitter and
YouTube, provide essential means for millions of people to express themselves, engage in
public debate, and organise politically (Poell & van Dijck, 2018). Crucially,
governments are leveraging the power of platforms to impose new forms of restrictions on
free expression, and engage in surveillance of individuals and online activism. This has
profound implications for the rights to freedom of expression, privacy, and data protection.
Further, platforms that once refused to cooperate with governments in identifying users
responsible for disseminating allegedly illegal or harmful content are now expanding
cooperation with authorities, including sharing data about users flagged by law enforcement
and other authorities. As civil society organisations warn, this trend is contributing to
‘invasive and unlawful digital surveillance’ (Amnesty International, 2019, p. 24). This
paper examines how European governments are leveraging the power of digital platforms to
engage in government surveillance online, and assesses the compatibility of these measures
with European human rights law. The paper applies a unique interdisciplinary perspective,
bringing together law, political communication and surveillance studies. First, the paper
examines how platforms’ algorithmic systems shape (and limit) information dissemination. The
paper then critically analyses government-platform initiatives that exist to surveil
citizens and gather information, including new measures under the EU’s proposed Digital
Services Act. Third, it assesses how these measures comply with freedom of expression and
the right to privacy, and concludes with recommendations on remedying problematic elements
of the role platforms play in digitisation of government surveillance.
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