Noyb: Meta makes it too difficult to withdraw consent for tracking

Max Schrems’ privacy foundation noyb has filed a second complaint against Meta with the Austrian privacy authority. According to noyb, the tech giant makes it too difficult for consumers to withdraw consent for tracking and thus violates GDPR legislation.

Since November last year, users on Facebook and Instagram have been given the choice between a free and a paid version. If the paid version is chosen, they will no longer see advertisements; the free version, on the other hand, collects user data as before to show personalized advertisements. According to Meta, if users choose the free option, they consent to being tracked. Noyb thinks However, it is too difficult to withdraw that consent afterwards.

“Although users give consent to be tracked with one (free) click, that consent can only be withdrawn through the complicated process of switching to a paid subscription,” noyb said. According to the foundation, this violates Article 7 of the GDPR legislation, as in that it is stated that withdrawing consent should be as easy as giving it. The EDPB calls Moreover, it explicitly states that withdrawing consent ‘may not lead to costs for the data subject and therefore does not lead to a clear disadvantage for those who withdraw consent’, which is why noyb speaks of a ‘blatant violation’.

Noyb has filed his complaint with the Austrian data protection authority. However, this will probably be passed on to the Irish authority, as Meta’s European headquarters are in Dublin. The foundation hopes that the watchdog will oblige Meta to adjust its policy so that it complies with European legislation. According to noyb, it should become easier to withdraw consent without users having to pay a fee. Noyb also wants the authorities to impose a fine on Meta.

In November served the privacy foundation, like many other European consumer organizations, has also filed a complaint about the ad-free subscription. The focus was then placed on having to pay for the ‘fundamental right to data protection’, which would undermine European law. The foundation also stated that the price of this ‘privacy fee’, namely around 250 euros per year, is ‘unacceptable’.