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NOYB Threatens Legal Action Against Meta Over AI Data Use

BusinessNOYB Threatens Legal Action Against Meta Over AI Data Use

NOYB, an Austrian privacy advocacy group led by Max Schrems, has announced its intention to seek an injunction against Meta Platforms, potentially resulting in billion-euro damages claims, over the tech giant’s plans to use personal data from European users to train its artificial intelligence (AI) models. The organization, known for its work in privacy advocacy, stated that it had sent a cease and desist letter to Meta on Wednesday, objecting to the company’s plan to begin using user data from Instagram and Facebook for AI training purposes starting on May 27.

Meta has justified its move by citing a “legitimate interest” under EU privacy laws, claiming the use of personal data for AI development and training purposes is necessary for its generative AI models and other tools. Additionally, the company has noted that users will be given the opportunity to opt-out by receiving a form with a link to object to the use of their data. It also emphasized that private messages and public data from users under the age of 18 will not be used for training.

Max Schrems, however, criticized Meta’s rationale, pointing out that the European Court of Justice previously ruled that Meta could not rely on “legitimate interest” for targeted advertising purposes. He questioned how the company could claim such an interest when it comes to collecting data for AI training. He also pointed out the potential for legal action, including class action lawsuits, over non-material damages. With over 400 million European Meta users potentially impacted, Schrems noted that users could each claim damages of around 500 euros, leading to substantial financial repercussions for Meta.

NOYB further explained that it could file an injunction under EU Collective Redress, a legal mechanism that allows consumers in the bloc to pursue collective lawsuits against companies. The group set a May 21 deadline for Meta to respond to their demands. Additionally, NOYB suggested that Meta could allow users to opt-in rather than opt-out and provide clearer terms for the use of their data, including using anonymized data in line with EU privacy regulations.

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