Hi everyone, I’m writing to share a new report by the Center for Democracy & Technology, Defending Data: Privacy Protection, Independent Researchers, and Access to Social Media Data in the US and EU <https://cdt.org/insights/report-defending-data-privacy-protection-independent-researchers-and-access-to-social-media-data-in-the-us-and-eu/>. The report examines the risks that laws requiring social media companies to provide data to independent researchers could make it easier for law enforcement to gain unjustified access to users’ data, and how to mitigate those risks. The main author is Caitlin Vogus (Deputy Director of Free Expression at CDT). The report first examines existing legal protections for stored social media data in the United States and European Union and how they might be impacted by mandatory researcher access to social media data. We find that in the US, there is a significant risk that disclosure of social media data to independent researchers may make it easier, as a matter of law, for law enforcement personnel to access that data and surveil social media users. In contrast, in the EU disclosure of social media data to independent researchers likely will not impact the legal requirements governing the disclosure of data to law enforcement. However, there remains a risk that, in practice, law enforcement personnel may find it easier to access social media data from researchers, regardless of legal protections. The report then makes recommendations for how to mitigate the risks of increased law enforcement access to data intended for independent researchers. Although our recommendations are aimed at policymakers, they’re also relevant to anyone thinking about how to approach new or proposed requirements to share data with researchers, like Digital Services Act Article 40 or bills in the US, or even companies’ voluntary data sharing efforts. Some of the recommendations to mitigate the risks to users’ privacy include: * In both the US and EU, precluding law enforcement agencies from qualifying as “vetted researchers” and taking steps to make it technically impossible or difficult for independent researchers to disclose data to researchers. * In the US, addressing gaps in the Stored Communications Act and Fourth Amendment that may permit unjustified law enforcement access to social media data held by independent researchers. * In the EU, provisions for data sharing agreements and transparency obligations for social media platforms and independent researchers. I hope you’ll find the report useful and feel free to share. take care, Dhanaraj -- *Dhanaraj Thakur* (he/him) | Research Director Center for Democracy & Technology |*cdt.org <https://cdt.org/>* *E:* dthakur@cdt.org | *P:* +1 202 407 8849 | @thakurdhanaraj