Meta’s AI Data Use Plan Faces Criticism from Best Privacy Advocacy Group NOYB 2024

Meta Platforms Inc. is under fire from the privacy advocacy group NOYB over its plans to use personal data for training its artificial intelligence (AI) models without user consent. The group has called on European privacy regulators to intervene urgently to prevent the implementation of these changes.

NOYB, which stands for “none of your business,” criticized Meta’s updated privacy policy, which is set to take effect on June 26. According to NOYB, the new policy will allow Meta to utilize years of personal posts, private images, and online tracking data for AI development without seeking explicit permission from users.

The advocacy group has filed 11 complaints against Meta with data protection authorities in Austria, Belgium, France, Germany, Greece, Italy, Ireland, the Netherlands, Norway, Poland, and Spain. NOYB has requested these national watchdogs to initiate emergency procedures due to the imminent changes in Meta’s data usage policies.

Response from Meta

In response to the criticism, Meta referred to a blog post from May 22, where it stated that the company uses publicly available online information and licensed data, as well as information shared publicly by users on its platforms, to train its AI models. Meta has maintained that this approach complies with privacy laws and is consistent with practices employed by other tech companies, such as Google and OpenAI.

Meta

However, concerns have been raised about Meta’s handling of data from individuals who do not use its services. According to a message sent to Facebook users, Meta may still process information about non-users if they appear in images or are mentioned in posts or captions shared by someone else on the platform.

A Meta spokesperson expressed confidence in the company’s compliance with privacy regulations, stating, “We are confident that our approach complies with privacy laws, and our approach is consistent with how other tech companies are developing and improving their AI experiences in Europe (including Google and OpenAI).”

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NOYB founder Max Schrems has been a vocal critic of Meta and other major tech companies regarding data privacy issues. Schrems pointed out that the European Court of Justice (CJEU) had already ruled against Meta’s argument of having a “legitimate interest” that overrides users’ rights to data protection, particularly in the context of advertising.

“The European Court of Justice (CJEU) has already made it clear that Meta has no ‘legitimate interest’ to override users’ right to data protection when it comes to advertising,” Schrems said in a statement. “Yet the company is trying to use the same arguments for the training of undefined ‘AI technology’. It seems that Meta is once again blatantly ignoring the judgments of the CJEU.”

Schrems also criticized the complexity of opting out of data usage, calling it “extremely complicated” and accusing Meta of shifting the responsibility to the user. “Shifting the responsibility to the user is completely absurd. The law requires Meta to get opt-in consent, not to provide a hidden and misleading opt-out form,” Schrems stated. “If Meta wants to use your data, they have to ask for your permission. Instead, they made users beg to be excluded.”

NOYB has a history of challenging tech giants over alleged violations of the EU’s General Data Protection Regulation (GDPR). Under GDPR, companies can face fines of up to 4% of their total global turnover for breaches of the regulations. Meta has previously justified its use of user data for training AI models and other AI tools by citing a legitimate interest, a justification that has been met with skepticism and legal challenges.

Meta

As the deadline for Meta’s new privacy policy approaches, the outcome of NOYB’s complaints and the response of European data protection authorities will be closely watched. The case underscores the ongoing tension between tech companies’ data practices and privacy advocates’ efforts to ensure robust data protection for individuals in the digital age.

This situation highlights the broader debate on how personal data should be used in the development of AI technologies and the extent to which user consent should be required. As AI continues to advance, striking a balance between innovation and privacy remains a critical challenge for regulators, companies, and advocacy groups alike.

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