Questionable Facebook Form: Oppose Data Transfer for Advertising Purposes

With questionable Facebook form: Object to data transfer for advertising

Facebook and Instagram users in the European Union can now opt out of sharing first-party cookies for personalized ads. Meta, the parent company of Facebook, is complying with an order from the Irish Data Protection Commission (DPC). Meta can no longer use personal data for ads without explicit consent and could face fines if it continues to do so. Users who object to the sharing of certain information for advertising purposes can use a form that has already been put online. After a successful objection, only broader categories, such as general location or age group, are determined.

However, users must justify how data processing affects them. If users’ reasons are approved by Meta, they will no longer see personalized advertising. Data protection officials are alarmed, as users must explicitly object to data being collected based on their activities on the platform. This fact could lead to further complaints. Meta had changed the legal basis for the processing of personal data for advertising from “contractual necessity” to “legitimate interest” as the legal basis. The State Commissioner for Data Protection and Freedom of Information in Baden-Württemberg shares the view of critics that the legitimate interest is always based on a balance of interests, in this case between Meta and the user, and it is not clear why Meta’s interest should or can outweigh the interests of individual users.

The data protection association Noyb criticizes that Meta “simply switches to another (unlawful) basis for processing” the data. The legitimate interest is always based on a balance of interests, in this case between Meta and the user. It is not clear why Meta’s interest in the transfer of data to third parties should or can outweigh the interests of individual users. Noyb has published its own objection tool, which those affected can use to object to the disclosure of their data when using Facebook and Co.

In conclusion, while customers can now use a form to object to the use of certain information for advertising purposes, data protection officials are worried that users must explicitly object to data being collected based on their activities on the platform. Critics argue that it is not clear why Meta’s interest in the transfer of data to third parties should or can outweigh the interests of individual users. Nevertheless, users now have the option to opt-out of sharing first-party cookies for personalized ads.

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