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58 Osgoode Hall L. J. 1 (2021)

handle is hein.journals/ohlj58 and id is 1 raw text is: 1

Voter Privacy and Big-Data Elections
ELIZABETH F. JUDGE AND MICHAEL PAL*
Big data and analytics have changed politics, with serious implications for the protection of
personal privacy and for democracy. Political parties now hold large amounts of personal
information about the individuals from whom they seek political contributions and, at
election time, votes. This voter data is used for a variety of purposes, including voter contact
and turnout, fundraising, honing of political messaging, and microtargeted communications
designed specifically to appeal to small subsets of voters. Yet both privacy laws and election
laws in Canada have failed to keep up with these developments in political campaigning and
are in need of reform to protect voter privacy. We provide an overview of big data campaign
practices, analyze the gaps in Canadian federal privacy and election law that enable such
practices, and offer recommendations to amend federal laws to address the threats to voter
privacy posed by big data campaigns.
Dr. Elizabeth F. Judge is Professor of Law and a member of the Centre for Law, Technology
and Society at the Faculty of Law at the University of Ottawa in Ottawa, Canada. Dr.
Michael Pal is an Associate Professor and a member of the Centre for Law, Technology
and Society at the Faculty of Law at the University of Ottawa. We are grateful to the Social
Sciences and Humanities Research Council of Canada for financial support for early research
on this project awarded through a SSHRC Knowledge Synthesis Grant. Our KSG Report,
Privacy and the Electorate: Big Data and the Personalization of Politics, (2016) is available
at <techlaw.uottawa.ca/sshrc-ksg-privacy-and-electorate>. We thank Amir M Korhani, PhD
candidate at the University of Ottawa, for his outstanding research assistance and dedication
to the project.