France’s data privacy watchdog is investigating the legality of a text message signed by firebrand presidential candidate Eric Zemmour that was sent to “around 10,000” Jewish people on Friday – the last day of campaigning.
The National Commission for Information Technology and Civil Liberties (CNIL) on Monday confirmed that it was in contact with Zemmour’s team over the SMS, which was addressed to “French people of the Jewish faith”.
Linking to a web page created by Zemmour’s far-right Reconquête (Reconquer) party, the message discussed the problem of anti-Semitism in France, and more specifically Islamist terrorism and the "scum" who "ruin the lives” of Jewish people.
It also spelled out Zemmour’s election manifesto with regards to the Jewish community, and his opposition to a French ban on the ritual slaughter of animals.
Information 'broker'
One of Zemmour’s campaign managers told BFMTV, which first published the story, that a broker of personal data – someone who buys databases to either aggregate or sell – had been used to obtain the information.
Zemmour's team reportedly asked the broker to target people who showed an interest in anti-Semitism in France and Europe based on data collected from blogs, news sites and newsletters.
The campaign manager denied Zemmour had purchased a database that explicitly designated those people as "Jewish”.
Using a database to contact people based on their religious beliefs in the context of political canvassing is banned under French law.
CNIL regulations state “the processing of personal data that reveals ... religious beliefs is prohibited” unless explicit consent had been given for that data to be used for “one or more specific purposes”.
Infringement of those rules may result in a formal warning, a fine of up to 20 million euros or even prison time of up to five years.
Determining consent
“The issue will now be whether the selection of a database based on interest in anti-Semitism – leading to the dissemination of a message explicitly targeting the Jewish community – is akin to political canvassing based on religion,” Oriana Labruyère, a lawyer specialising in the digital sector, told BFM.
“Everyone who received this SMS would need to have given their consent to be contacted by Eric Zemmour's team.”
Reconquête campaigners told BFM they had "received assurances” from the broker that the people targeted by the message had agreed for their data to be shared.
Zemmour took just over 7 percent of the vote in Sunday’s first round presidential election.
The runoff, on 24 April, will be fought between incumbent President Emmanuel Macron and his far-right adversary Marine Le Pen.
