Privacy rights group noyb files second complaint against Meta for breaching EU data protection laws

Privacy rights advocacy group noyb has filed a new complaint against adtech giant Meta, alleging that the company is breaching EU law by making it difficult for users to withdraw consent to tracking ads on Facebook and Instagram. This complaint, filed with the Austrian data protection authority, follows a previous complaint from noyb last November that focused on the high cost users had to pay to avoid being tracked.

The issue at hand is Meta’s framing of the choice for users: either agree to tracking and profiling for free access to the services or pay for a monthly subscription to access ad-free versions. Withdrawing consent under Meta’s current arrangement requires users to sign up for a subscription, while agreeing to tracking is as simple as clicking ‘okay’. This discrepancy raises concerns about the ease of withdrawing consent, as required by the GDPR.

Massimiliano Gelmi, a data protection lawyer at noyb, emphasized that withdrawing consent should be as easy as giving it in the first place. The complaint calls for Meta to provide users with an easy way to withdraw consent without having to pay a fee, and urges the imposition of a fine to prevent further violations of the GDPR.

While Meta has defended its approach by citing guidance from European regulators and courts, including the Court of Justice of the European Union, privacy experts argue that the choice offered by Meta may not meet the requirements for voluntary consent. The Austrian DPA has yet to take emergency measures in response to the complaint, but the issue may eventually be referred to the Irish Data Protection Commission for further investigation.

The regulatory twists and turns surrounding Meta’s tracking practices highlight the challenges in enforcing data protection laws in the digital age. As users in Europe continue to navigate privacy concerns on social media platforms, the outcome of this latest complaint could have significant implications for how companies like Meta handle user data for targeted advertising.