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Meta wants EU users to apply for permission to opt out of data collection

arstechnica.com

11–20 of 241 posts

Re: Meta wants EU users to apply for permission to opt out of data collection

#11
post #4

To opt out? Shouldn't it be opt in?

No, this form is about right to object. It isn't about consent because consent is not needed for legitimate interests, which in this case is to offer personalized advertising. This form lets people object to the use of their data for a legitimate interest.

I find it incredible that they are bold enough to try to pass this as legitimate interest when the Internet Advertising Bureau (IAB) is currently neck deep with the Belgian DPA over that very matter.

Legitimate Interest is supposed to be used for thinks like fraud prevention, not for added value things like highly target advertising that requires building a profile of a user.

I don’t think it’s going to end well for Meta.

Re: Meta wants EU users to apply for permission to opt out of data collection

#12
This is still a bit insane to me. If I understand correct, you have to fill a form with a justification why you object, and then Meta will decide if you can be removed from the detailed data collection ?

Privacy is a basic human right, and the strawman argument of "Well don't just use their services then" is ridiculous with their influence. Also them touting to "connected the world"

When in reality is "connecting to world, but only if we can record everything you do"

Re: Meta wants EU users to apply for permission to opt out of data collection

#13
post #3

What about the 15 years of behavioural data they already hold? Can we request that is deleted?

GDPR obliges them to delete your data upon request. But I'm not sure how well Facebook/Meta complies with this. This post from 4 years ago doesn't sound encouraging: https://ruben.verborgh.org/facebook/ Does anyone know if they've improved since then?

Re: Meta wants EU users to apply for permission to opt out of data collection

#14
post #3

What about the 15 years of behavioural data they already hold? Can we request that is deleted?

I would say, you can request anything from them. Like I request people to just not use FB anymore, if they don't want to be tracked by them. Might have the same effect.

Not using FB does not prevent Meta from tracking you.

Re: Meta wants EU users to apply for permission to opt out of data collection

#15
NOYB is a much better source. These two paragraphs alone do a better job than the entire Ars article: https://noyb.eu/en/meta-facebook-instagram-switching-legitim...

> Background. The GDPR allows to process personal data if a company complies with at least one of six legal basis in Article 6 GDPR. Most of these six options are irrelevant for advertisement. While most companies require users to consent ("opt-in") for the use of personal data for advertisement, Meta (Facebook and Instagram) have tried to bypass this requirement by arguing that the use of personal data for ads is "necessary under the contract" when the GDPR became applicable in 2018. noyb has instantly filed a series of complaints and ultimately won them before the European Data Protection Board (EDPB) in December 2022. Meta got until April to stop the practice.

> One illegal practice replaced by next illegal practice. Now Meta announces to give in against the pressure by noyb, but instead of switching to an "opt-in" system, like Google or Microsoft, they now try to argue the next unlawful option, by claiming that their "legitimate interest" to process user data would override the fundamental right to privacy and data protection of users. This was tried by other companies before, but rejected by the regulators multiple times (see e.g. the Italian DPA on TikTok or the Belgian DPA on the IAB TCF at para 441).

Re: Meta wants EU users to apply for permission to opt out of data collection

#16

Earlier quoted context omitted.

No, this form is about right to object. It isn't about consent because consent is not needed for legitimate interests, which in this case is to offer personalized advertising. This form lets people object to the use of their data for a legitimate interest.

I find it incredible that they are bold enough to try to pass this as legitimate interest when the Internet Advertising Bureau (IAB) is currently neck deep with the Belgian DPA over that very matter. Legitimate Interest is supposed to be used for thinks like fraud prevention, not for added value things like highly target advertising that requires building a profile of a user. I don’t think it’s going to end well for…

I agree. From reading the text it appears legitimate interests was not intended to cover tracking for advertising purposes. However some government implementations specifically talk about it as likely allowed (uk) and in practice it seems to be on all the ridiculous popups now. If it is allowed for this expanded scope it completely defangs a lot of the gdpr.

Re: Meta wants EU users to apply for permission to opt out of data collection

#17
post #4

To opt out? Shouldn't it be opt in?

I think data collection on the scale of what Meta is doing should just be illegal altogether, or at the very least it should be mandated as opt-in with the opt-in process being filled with warnings and never being the easiest way to get rid of a banner. It should be hidden away under a menu and there should be no banner at all.

The dark patterns used to trick people into opting in need to end. I religiously opt out on every GDPR banner, but even I've accidentally opted in sometimes because the button layout is intentionally designed to be confusing.

Re: Meta wants EU users to apply for permission to opt out of data collection

#20
post #3

What about the 15 years of behavioural data they already hold? Can we request that is deleted?

GDPR obliges them to delete your data upon request. But I'm not sure how well Facebook/Meta complies with this. This post from 4 years ago doesn't sound encouraging: https://ruben.verborgh.org/facebook/ Does anyone know if they've improved since then?

I'd deleted my Facebook account years before, but after that begrudgingly signed up to Facebook Messenger because my friends insisted on using it (which are separate accounts apparently).

At some point, a couple of years ago, I decided enough was enough (probably when they forced me to accept some new anti-privacy EULA which otherwise blocked me from using Messenger Lite).

There was no delete account option in the app that I can remember. I searched and searched for at least an hour. Facebook's support site was a labyrinth of circular links that edged around actually deleting my account. I had no Facebook account, so I couldn't log in to delete it on the website's account settings.

I just wanted an email I could send the request to. I finally found one for a data protection officer or some sort. Sent them an email, got another one back redirecting me to the website. Obviously that wasn't helpful, so I sent them one of those GDPR deletion templates.

Didn't hear back, and checking a few months later, my account was still accessible.

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