Meta has once again caused a stir. From 27 May 2025, the tech giant wants to use the content of its European users on Facebook and Instagram to further develop its in-house AI ‘Meta AI’. Without the express consent of users. Instead, Meta relies on the argument of ‘legitimate interest’ - a legal trick that has been met with massive criticism from data protectionists, authorities and consumer advocates.
There was already a stir last year when Meta had similar plans - they were put on ice at the time. Now the next attempt, and once again there is a hail of protest: The NRW consumer advice centre has officially warned Meta, while noyb - the team led by data protection activist Max Schrems - is also considering legal action. The central accusation: Meta also wants to utilise old posts and photos without taking sensitive or specially protected data into consideration. For many, this is a clear violation of the GDPR, especially Article 9, which concerns particularly sensitive information.
Although Meta is providing more transparent information about the plans this time - with notifications and links to the objection forms - this does little to change the fundamental problem. The central question remains: Is a company allowed to utilise data on this scale without the active consent of those affected?
The legal dispute is likely to come to a head. By applying for a temporary injunction at the Higher Regional Court of Cologne, the NRW consumer advice centre is trying to prevent Meta from creating facts before a court provides clarity. If Meta loses, high fines could follow - because then nothing less than the right to data erasure would be at stake.
Source: www.datenschutz-notizen.de