Adtech giant Meta, the parent company of Facebook and Instagram, is facing a second challenge from privacy rights advocacy group noyb over its data tracking and profiling practices in Europe. The complaint, filed with the Austrian data protection authority, alleges that Meta is violating EU law by making it difficult for users to withdraw consent to its tracking ads compared to agreeing to it.
Key Takeaway
Meta is facing a second privacy challenge in the EU over its ‘pay for privacy’ consent choice, with potential legal and regulatory implications for its data tracking practices.
Challenging Meta’s Consent Choice
The complaint focuses on the choice presented by Meta, which requires users who do not want to be tracked to pay for monthly subscriptions to access ad-free versions of its products. On the other hand, agreeing to its tracking is a simple click of ‘okay’. This discrepancy raises legal concerns as the GDPR requires consent to be as easy to withdraw as it is to grant.
Legal Implications and Regulatory Review
If found in breach of the GDPR, Meta could face penalties of up to 4% of its global annual turnover. However, the regulatory process could be lengthy, as previous cases have taken years to reach a final decision. While complaints against Meta are typically referred to the Irish Data Protection Commission, other EU DPAs have the power to take action to protect local users.
Potential Impact on Users
Despite the ongoing regulatory scrutiny, the privacy of Facebook and Instagram users in Europe remains under Meta’s control. The adtech giant continues to process personal data for ad targeting, despite legal challenges to its bases for processing.