
Vijaya Gadde, Legal, Policy, Trust and Safety Lead at Twitter, at a Fortune Brainstorm Tech event. Would she be such a popular speaker if Twitter’s approach to real time monitoring of political speech was widely known? Picture by Photograph by Kevin Moloney/Fortune Brainstorm TECH. (NC License here).
A leaked internal Labour Party report has hit the headlines (archive) because of lurid statements allegedly made by staff. What has been missed however, receiving barely any coverage, is an apparent admission that, using a secret deal with Facebook and Twitter, the Labour Party has been running automated surveillance on its own members. If true, this is manifestly unlawful – each member affected would almost certainly have a valid claim in damages under Data Protection legislation.
[UPDATE 21 April 2020, 18:10 BST – Have received a response from Twitter, below]
In the furore about the leaked Labour report, many commentators have focused on the supposedly racist, sexist, and / or ableist remarks. There is also the apparent dishonest treacherous plotting. It is important to remember of course that this report was produced by a bitterly infighting party and its contents are disputed. Former staff who were criticised claim that accusations about their conduct were never put to them.
MHN has a copy of the report and leaving all that aside however, this passage leaps out –

Labour had automated software that reconciled its privileged access to Twitter and Facebook data with their membership database to identify and monitor member accounts.
It is worth turning to the Data Protection Principles set out in the Data Protection Act 1998, which was in force at the time (replaced by the EU General Data Protection Regulation and Data Protection Act 2018 in May 2018). The principles were set out in section 4 (archive) and Schedule 1 (archive).
Of especial relevance, these principles included processing data, “fairly”, holding data that was “not excessive”. Fairness usually means notifying members of the way their data will be used. A quick glance at Labour’s current terms on its, ‘Join’ page does say that email addresses will be used to contact members. It says nothing about consenting to Orwellian real time monitoring for wrongthink.