EU Commission requests from Meta information on data accessibility

Brussels – Today, the Commission sent Meta a request for information (RFI) under the Digital Services Act (DSA). Following CrowdTangle’s discontinuation on August 14, 2024, the Commission is asking Meta to provide more information on the measures it has taken to comply with its obligation to give researchers access to data that is publicly accessible on the online interface of Facebook and Instagram, as required by the DSA and on its plans to upgrade its election civic discourse monitoring functionalities. Specifically, the Commission is requesting information about Meta’s content library and application programming interface (API), including their eligibility criteria, the application process, the data that can be accessed and functionalities.

On April 30, 2024, the Commission opened formal proceedings against Meta under the DSA, which are ongoing. One of the grievances focused on the non-availability of an effective third-party, real-time civic discourse and election-monitoring tool ahead of the elections to the European Parliament and national elections, as well as shortcomings in Meta’s provision of access for researchers to publicly available data. To alleviate the Commission’s concerns in view of the European Parliament elections, at the end of May, Meta deployed new functionalities in CrowdTangle, notably 27 new public real-time visual dashboards, one for each Member State, to allow third-party real-time civic discourse and election monitoring. These functionalities have now been discontinued.

Meta must provide the requested information by 6 September 2024. Based on the assessment of the replies, the Commission will determine the next steps, which could include interim measures and non-compliance decisions. The Commission can also accept commitments made by Meta to remedy the issues raised in the proceedings.

Pursuant to Article 74(2) of the DSA, the Commission can impose fines for incorrect, incomplete, or misleading information in response to an RFI. In case of failure to reply, the Commission may issue a formal request by decision. In this case, failure to reply by the deadline could lead to the imposition of periodic penalty payments.