Meta sued by privacy group over pay up or click OK model
- Reference: 1701182711
- News link: https://www.theregister.co.uk/2023/11/28/metas_eu_privacy_fee_triggers/
- Source link:
The [1]complaint was filed with the Austrian data protection authority. The gist is that the right to privacy is a fundamental right, and making a customer pay – up to €251.88 ($275) annually, according to noyb – for that right somewhat defeats the object.
Felix Mikolasch, data protection lawyer at noyb, said: "EU law requires that consent is the genuine free will of the user. Contrary to this law, Meta charges a 'privacy fee' of up to €250 per year if anyone dares to exercise their fundamental right to data protection."
[2]
At the end of October, Meta told web users of its platforms in the EU, EEA, and Switzerland that for €9.99 per month it would [3]stop slurping their personal data for marketing purposes and serving ads to them. The price was higher for mobile users and will rise further in 2024 for additional accounts.
[4]
[5]
Meta wanted cash to stop pulling in users' data, which seems at odds with the spirit of regulatory rulings, prompting noyb to file a complaint.
The privacy activists disclosed some alarming statistics and warned that Meta's rivals are closely monitoring how the subscription plans pan out. It noted that TikTok was reportedly also trying out an ad-free subscription outside the United States.
[6]
Going further, the group extrapolated Google research, showing that the average person had 35 apps on their smartphone. It said: "If all of these apps followed Meta's lead and charged a similar fee, people would have to pay a 'fundamental rights fee' of €8,815.80 a year."
[7]Europe bans Meta from using personal data to target ads
[8]Norway court upholds miniscule fine against Meta for flouting privacy rules
[9]Meta says it'll ask Euro peeps nicely before hitting them with personalized ads
[10]EU gives its blessing to reopen data pipelines to the US
The point is well made. Just as video streaming service costs have increased over the years, we can well imagine others looking to swell their coffers in the name of privacy.
Noyb noted that Meta put its average revenue per user in Europe at around €62.88 per year, considerably less than the amount it expects those users to pay for the privilege of not having their personal data studied.
The Register asked Meta for comment. We were given this statement from the company's earlier [11]blog on the matter: "The option for people to purchase a subscription for no ads balances the requirements of European regulators while giving users choice and allowing Meta to continue serving all people in the EU, EEA and Switzerland.
"In its ruling, the CJEU expressly recognised that a subscription model, like the one we are announcing, is a valid form of consent for an ads funded service."
[12]
The Meta spokesperson also pointed out that its pricing was in line with those of ad-free services such as YouTube Premium and Spotify Premium. "The subscriptions model is well established, and has already been endorsed by the Court of Justice of the European Union."
For its part, noyb is not backing down. Lawyer and privacy activist Max Schrems said: "Fundamental rights are usually available to everyone. How many people would still exercise their right to vote if they had to pay €250 to do so? There were times when fundamental rights were reserved for the rich. It seems Meta wants to take us back for more than a hundred years."
Or one could just uninstall Facebook, delete one's account, and walk away from the whole mess. ®
Get our [13]Tech Resources
[1] https://noyb.eu/en/noyb-files-gdpr-complaint-against-meta-over-pay-or-okay
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZWYctFJR4tTuIkjx2iuAZwAAAEY&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.theregister.com/2023/10/31/meta_ad_free_europe/
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZWYctFJR4tTuIkjx2iuAZwAAAEY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZWYctFJR4tTuIkjx2iuAZwAAAEY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZWYctFJR4tTuIkjx2iuAZwAAAEY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[7] https://www.theregister.com/2023/11/01/eu_data_meta_networking/
[8] https://www.theregister.com/2023/09/07/norway_meta_fine/
[9] https://www.theregister.com/2023/08/02/meta_eu_gdpr_advertising/
[10] https://www.theregister.com/2023/07/11/eu_us_data_pipeline/
[11] https://about.fb.com/news/2023/10/facebook-and-instagram-to-offer-subscription-for-no-ads-in-europe/
[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZWYctFJR4tTuIkjx2iuAZwAAAEY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[13] https://whitepapers.theregister.com/
I am just trying to keep in contact with friends, real friends, to check who is ok, and who will be where come the weekend
You can write a letter, you know using a pen and paper and if you want to see who is up for a sesh, just go to them. If you face no answer? So what, at least you done your 6000 steps.
Um, instead of proposing caveman solutions, maybe you could mention email and SMS ?
Nobody writes letters anymore. XMas is a time of Whats'App and video phone. Get with the program.
Caveman? My memory of doing these is quite fresh and I ain't got no cave.
I may be wrong but...
The way I read the thing a while ago, Meta would not necessarily stop using someone's personal data for themselves; just stop it from being used by other parties.
On the one hand, that would make sense because even if they're not serving you ads they're still serving you groups you might like, subjects of interest, etc. but there is no oversight on what they will continue to use your data for.
Facing that kind of scenario, I'm not going to pony up.
Re: I may be wrong but...
From my point of view, you are wrong.
The violation of privacy does not happen at the time advertisements are blasted at you. It happens when your data are slurped, regardless of what, if anything, is then done with them.
Re: I may be wrong but...
Exactly this. As far as I am concerned, the only data that a social media *needs* about it's customers product is the connection graph. Any other information a user posts should only be processed to the extent that the post is displayed to people in the network. (and I don't know about eg Mastodon, but I expect this is how it should work).
And every single program or App needs to be much more forthright about exactly what data they want to capture, store and use (and much as I dislike Apple's walled-garden concept, their explicit labelling of App permissions and privacy is a good step).
Stalking and financial abuse
The so called "targeted ads" should be outright illegal.
It's like someone following you and then seeing you at your low, selling you a fix that you don't need.
I would go further and retrospectively tax any proceeds from targeted ads at 100% going back since the first time it has been deployed on unsuspecting population.
Re: Stalking and financial abuse
Especially since the only thing they seem to target is the fact is that I just bought a LED flashlight, so they propose me the chance to buy more.
Pathetically useless. I have a LED flashlight now, and batteries to go with it. Suggest something more interesting, like a battery charger. But no, the vaunted AI they keep harping on can't even guess that.
What a failure.
Re: Stalking and financial abuse
Could be worse, like a LED fleshlight...
Extortion, by definition
How is this not the very definition of extortion, indistinguishable from:
"Hey, we're so glad you're here. Really. And since you're here, you can either pay us or we'll hit you repeatedly with this hammer and maybe share some of your "private", uh, stuff with some other people - like your family and friends, or your boss, or maybe the police, or literally anyone who's willing to pay for it. I mean, it's entirely up to you, no pressure. But you should probably pay us so nobody has to get hurt or get their data passed around. You know what I mean."
For reference (from Wikipedia):
United States:
[...] Extortion, which is not limited to the taking of property, involves the verbal or written instillation of fear that something will happen to the victim if they do not comply with the extortionist's will. [...] In United States federal law, extortion can be committed with or without the use of force and with or without the use of a weapon. Violation of many state extortion statutes constitutes "racketeering activity" under Section 1961 of the federal Racketeering Influenced and Corrupt Organizations Act, 18 USC
[...]
In the United States, extortion may also be committed as a federal crime across a computer system, phone, by mail, or in using any instrument of interstate commerce. Extortion requires that the individual sent the message willingly and knowingly as elements of the crime. The message only has to be sent (but does not have to reach the intended recipient) to commit the crime of extortion.
How much does FB benefit from nonFB users ?
I have never had a FB account, use Javascript blockers, etc. However FB know about me since friends use it, mention me and have me in their contacts list. So FB has almost certainly got a [1]shadow profile of me, something that it has built without my consent - which seems to be a breach of the GDPR. Something that they should be challenged in court about.
They might not be able to show me advertising, targetted or not, but knowing who I know helps them build their graph of personal interests and so must help them earn. How much I do not know, but not £0.
[1] https://www.makeuseof.com/tag/facebook-shadow-profiles/
that last sentence - just delete your Meta account and walk away
it's becoming easier by the day to contemplate this, I spend most of my time there now, just blocking accounts that want to show some 'celebrity' flesh, or sell you something AMAZING
I am just trying to keep in contact with friends, real friends, to check who is ok, and who will be where come the weekend
but really, the option of sliding back in time, and using the web as a contact point for a few websites and meeting up as and when has a certain charm, as well as some attraction to it
why can't they just be happy with being BILLIONAIRES, and make do with the meagre multi billion amounts pouring in each year :o(