EU vs Meta: Your personal data is not for sale

April 17, 2024: The EDPB (European Data Protection Board) issued an opinion questioning the practices of certain web companies. These companies require users who wish to avoid any collection of their personal data to pay a subscription.

This system, implemented by Meta (Facebook, Instagram) since November 2023, offers users the following choices:

• Continue using the platforms for free in exchange for the collection of personal data. This is done to establish a user profile through the analysis of their online behavior, in order to offer targeted advertisements.
• Pay a monthly subscription of around ten euros in exchange for an ad-free experience on these social networks - and (in theory) an absence of personal data collection.

However, according to the EDPB:

Large online platforms should consider providing individuals [...] a free alternative without behavioral advertising, for example with a form of advertising involving the processing of reduced or no personal data.

At a time when the main platforms offered by web giants are used daily by billions of people, the EDPB also believes that a person refusing to have their personal data collected should not be disadvantaged in accessing online services that have become essential:

Large online platforms should also examine whether the decision not to consent can lead the individual to suffer negative consequences, such as exclusion from a leading service, lack of access to professional networks, or the risk of losing content or connections.

While the value of personal data has been well understood by private companies, which multiply systems to collect them, it remains unclear to citizens signing up on online platforms. Yet, the protection of their data is an essential right, defended by the European Union since the implementation of the GDPR (General Data Protection Regulation): a text that has helped shape the web as we know it today in France.

Data controllers must at all times ensure that the fundamental right to data protection is not transformed into a feature for which individuals have to pay to benefit. Individuals should be fully aware of the value and consequences of their choices.

On March 19, 2024, during a meeting with the European Commission, Meta proposed reducing its subscription rates: €5.99 per month, instead of €9.99. This was in response to complaints filed by groups of European citizens. It remains to be seen whether this non-binding EDPB opinion will have an impact, and whether it will push the American company to completely revise its model.

References:

• European Data Protection Board - "Consent or Payment" Models Should Offer a Real Choice
• Reuters - Meta offers to almost halve Facebook and Instagram monthly fees
• CNIL - The European Data Protection Board (EDPB)

[Cover photo: John Vid]

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