Key Takeaways
- Privacy group NOYB is challenging Meta’s plan to use European user data for training artificial intelligence.
- NOYB threatens legal action, potentially seeking an injunction and significant financial claims if Meta proceeds.
- Meta intends to use personal data from Facebook and Instagram users in Europe, citing “legitimate interest” under EU rules.
- Users are being offered a way to object, but NOYB argues this opt-out approach is insufficient.
- The core of the dispute is whether Meta’s justification for data use is legally sound.
An Austrian privacy advocacy group, NOYB (None Of Your Business), is preparing to take legal action against Meta Platforms. The group announced on Wednesday it may seek an injunction if Meta moves forward with its plans to use Europeans’ personal data for training its AI models.
NOYB, led by privacy activist Max Schrems, has already sent Meta a cease and desist letter. This concerns Meta’s intention to begin using personal data from European users of Instagram and Facebook starting May 27 for AI development.
Meta has stated it has a “legitimate interest” under EU privacy regulations to use this data. The company plans to train and develop its generative AI models and other AI tools, which could then be shared with third parties.
Last month, Meta said it would provide users with a link to a form allowing them to object to their data being used for these training purposes. The company also specified that private messages and public data from accounts of users under 18 will not be utilized.
However, Schrems criticized Meta’s reasoning. “The European Court of Justice has already held that Meta cannot claim a legitimate interest in targeting users with advertising. How should it have a legitimate interest to suck up all data for AI training?” he stated.
NOYB is exploring options for injunctions and is also considering a subsequent class-action lawsuit for non-material damages. Schrems highlighted the potential scale, suggesting that if over 400 million European Meta users claimed even modest damages, the total could be enormous.
Such an injunction could be filed under EU Collective Redress rules, enabling consumers to pursue collective lawsuits, according to Reuters. NOYB has given Meta a deadline of May 21 to respond to its concerns.
Meta, in response, has rejected NOYB’s claims. A spokesperson for Meta stated, “NOYB’s arguments are wrong on the facts and the law.” They asserted that Meta’s approach complies with guidance from the European Data Protection Board and follows discussions with the Irish privacy regulator.
Meta maintains it has provided EU users with a clear method to object to their data being used for AI training, notifying them via email and in-app messages that they can object at any time.
NOYB, which previously urged EU privacy enforcers to act, suggests Meta should offer users an opt-in choice rather than an opt-out. They also advocate for clear conditions for AI training, such as using anonymized user data, to align with EU privacy rules.
