In response to 11 noyb complaints (1), the DPC announced (late Friday afternoon) that Meta has pledged to the DPC that it will not process EU/EEA user data for undefined "artificial intelligence techniques." Previously, Meta argued that it had a "legitimate interest" in doing so, informing only (some) users of the change and allowing only a (misleading and complicated) "opt-out."
Brief update by the DPC (2)
Meta statement (3)
DPC "turns around" after initial improvement. Although the DPC initially approved the introduction of Meta AI in the EU/EEA, it seems that other regulators have stepped back in recent days, causing the DPC to backtrack on its advice to Meta. The DPC has now announced:
"The DPC welcomes Meta's decision to pause its plans to train its major language model using public content shared by adults on Facebook and Instagram in the EU/EEA. This decision follows intensive collaboration between the DPC and Meta. The DPC, in cooperation with its fellow EU data protection authorities, will continue its dialogue with Meta on this issue."
So far, there is no further context or information on what this consultation looked like or why the DPC changed its mind.
Pressure by noyb and local data protection authorities. The obvious explanation would be that after 11 complaints to various DPAs in Europe by noyb and other organizations (such as the Norwegian Consumer Council), as well as public responses from EU/EEA DPAs in response to these complaints, pressure on the DPC increased.
Max Schrems, president of noyb:"We welcome this development, but will follow it closely. So far there is no official change to the Meta privacy policy, which would make this commitment legally binding. The cases we have filed are still ongoing and will need a ruling."
Meta concerned about EU users? Just ask for opt-in consent! Like every Meta post, the announcement is not lacking in restatement and disingenuous claims. Meta emphasizes that EU/EEA users cannot use AI services for now. However, this does not seem very logical. The GDPR allows almost anything, if users give (valid) opt-in consent. So Meta could roll out AI technology in Europe, if only it bothered to ask people for consent, but it seems Meta is hell-bent on ever getting opt-in consent for any processing.
Max Schrems:"Meta's press release reads a bit like a 'collective punishment'. If any European insists on his or her rights, the whole continent won't get our shiny new products. However, Meta has every opportunity to roll out AI based on valid consent - it just chooses not to."
Friday afternoon announcement. As usual with defeats of "big tech" companies, this announcement comes on a Friday night, when the news is least picked up. It seems Meta wants to downplay this story - which could also affect stock prices.
(1) https://noyb.eu/en/noyb-urges-11-dpas-immediately-stop-metas-abuse-personal-data-ai
(2) https://www.dataprotection.ie/en/news-media/latest-news/dpcs-engagement-meta-ai
(3) https://about.fb.com/news/2024/06/building-ai-technology-for-europeans-in-a-transparent-and-responsible-way/
