The privacy organization noyb (None of Your Business) has filed a complaint (pdf) against Meta, formerly known as Facebook Inc., with the Austrian privacy regulator. The complaint centers around Meta’s decision to charge users for an ad-free experience on Facebook and Instagram, raising concerns over user privacy and data protection rights.
Meta reportedly charges over 250 euros annually for an ad-free version of Facebook and Instagram. This fee, according to noyb, essentially forces users to either pay a hefty sum or consent to be tracked and subjected to targeted advertisements. Max Schrems, NOYB founder and a vocal privacy activist, criticized this move, stating, “When three percent of people want to swim, but 99.9 percent end up in the water, every child knows that this was not a ‘free’ choice.”
Noyb warns of the broader implications if Meta’s model is left unchallenged, foreseeing a domino effect where other app providers might adopt similar strategies. This could potentially make privacy a costly affair, inaccessible to many. They estimate that if every app charged similar rates, protecting privacy on a smartphone with an average of 35 apps could cost about 8,815 euros per year.
The complaint highlights several key legal and ethical concerns:
- Violation of Free Will: EU law mandates that online tracking and targeted advertising are permissible only if users freely consent. Noyb argues that Meta’s approach turns this principle on its head, presenting users with a choice that is anything but free.
- Disproportionate Costs: Based on Meta’s revenue figures, the 252-euro annual fee for ad-free use is considered disproportionate. Felix Mikolasch, a data protection lawyer at noyb, emphasizes that consent must represent the genuine free will of the user, which is contradicted by Meta’s hefty charges.
- Fundamental Rights at Stake: Schrems notes that fundamental rights should be accessible to everyone. He compares the situation to a hypothetical scenario where people must pay to exercise their right to vote, arguing that Meta’s model harks back to a time when fundamental rights were reserved for the wealthy.
- Urgent Action Requested: Given the seriousness of these violations and the large number of users affected, noyb has requested the Austrian privacy regulator to initiate an emergency procedure to stop this practice and impose a deterrent fine.
As of now, Meta has not publicly responded to the specifics of the complaint. The move to charge for ad-free usage comes after the European Court of Justice ruled in July that Meta’s handling of user data for personalized ads was illegal. This decision was followed by a €390 million fine imposed by the European Data Protection Board.
This complaint against Meta signifies a crucial juncture in the ongoing debate about digital privacy and user autonomy in the face of corporate data practices. As the case unfolds, it will be closely watched by privacy advocates, industry stakeholders, and users alike, potentially setting a precedent for how digital rights and privacy are handled in the tech industry.
