General Data Protection Regulation (GDPR), Governance and Risk Management, Privacy
European Data Protection Board claims company is preventing users from having real choice
Akshaya Asokan (asokan_akshaya) •
April 17, 2024
Social media giant Meta’s attempt to circumvent European data protection rules by offering a paid opt-out from behavioral advertising comes after social media giant Meta said on Wednesday that freedom from personalized marketing should normally be free. It was criticized by the trade bloc agency.
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Facebook’s parent company reacted to setbacks at the request of European data protection authorities in late 2023 after introducing an option for users to buy and avoid having their web activities tracked for advertising purposes. , pressure from Europe is increasing. This model is known. as “It’s ok to pay” (see below) Pressure mounts on Meta to abolish ‘pay-as-you-go’ model in EU).
The European Data Protection Board added to the pressure by saying in a statement that opting out of behavioral advertising “should not be the default method for controllers.” The Board’s mandate under the General Data Protection Regulation is to ensure the consistent application of broad privacy regulations across trading bloc members.
Instead, they should rely on “comparable alternatives” that do not involve “payment of fees” and have limited processing of personal data.
Austrian privacy activist Max Schrems said that “meth is not an option in the EU” and that consent to online tracking can be “freely given” under GDPR when it literally comes at a high cost. The complaint was filed in November, arguing that it could not be done. He filed additional charges in January.
Schrems and other European activists argue that behavioral advertising, which takes place without explicit consent, violates fundamental rights to privacy.
“Controllers must always take care to ensure that the fundamental right to data protection is not translated into a feature that individuals must pay to enjoy. We need to be fully aware of this,” said Anu Taras. EDPB chair.
The regulator will develop guidance on ‘pay-or-okay’ consents following consultation with the industry.
EDPB’s latest opinion comes after data protection authorities in Norway, the Netherlands and Hamburg questioned the effectiveness of the subscription opt-out model.
A Meta spokesperson did not immediately respond to a request for comment, but the company previously said its payment model “follows the guidance of the European Supreme Court” (see: Pressure mounts on Meta to abolish ‘pay-as-you-go’ model in EU).
