Meta Faces EU Call to Halt Personal Data Usage for AI Models

Introduction:

On June 6, 2024, advocacy group NOYB (None of Your Business) urged national privacy watchdogs across Europe to take immediate action against Meta's (META.O) new policy. The policy, set to take effect on June 26, allows Meta to use personal data to train its AI models without seeking explicit consent from users.

NOYB's Call to Action:

NOYB has launched 11 complaints against Meta, asking data protection authorities in Austria, Belgium, France, Germany, Greece, Italy, Ireland, the Netherlands, Norway, Poland, and Spain to intervene urgently. The advocacy group argues that Meta's recent privacy policy changes will enable the company to use years of personal posts, private images, and online tracking data for its AI technology without user consent.

Meta's Defense:

Meta has rejected NOYB's criticism, pointing to a May 22 blog post where it stated that it uses publicly available and licensed information, as well as information publicly shared on its products and services, to train its AI models. However, a message sent to Facebook users revealed that Meta might still process information about people who do not use its products if they appear in images or posts shared by others.

Compliance with Privacy Laws:

Meta claims its approach is in line with privacy laws and similar to how other tech companies, like Google and OpenAI, develop AI in Europe. A Meta spokesperson expressed confidence that their practices comply with legal standards and are consistent with industry norms.

NOYB's Legal Argument:

NOYB founder Max Schrems argues that Europe's top court, the European Court of Justice (CJEU), has already ruled against Meta's "legitimate interest" argument for using user data without consent in advertising. Schrems contends that Meta is misapplying this argument to AI training, disregarding the CJEU's judgments.

The Opt-Out Issue:

Schrems criticizes Meta's complex opt-out process, describing it as misleading and burdensome for users. He emphasizes that the law requires Meta to obtain opt-in consent, not to provide a hidden opt-out form.

Past Complaints and GDPR:

NOYB has previously filed several complaints against Meta and other Big Tech companies for alleged violations of the EU's General Data Protection Regulation (GDPR), which threatens fines of up to 4% of a company's global turnover for breaches.

Industry Practices:

Meta's practices are under scrutiny not just for their legality but also for their ethical implications. The debate highlights broader issues about how tech companies handle personal data and the balance between innovation and privacy.

Conclusion:

The ongoing dispute between Meta and NOYB underscores the tension between technological advancement and data privacy. As Meta prepares to implement its new policy, the response from European privacy watchdogs and the legal outcomes of NOYB's complaints will likely have significant implications for the future of data usage in AI development.