Meta’s Use of User Data for AI Training Raises Privacy Concerns

In a recent announcement, Meta, the parent company of Facebook and Instagram, revealed its plan to utilize users' posts and photos for training its Artificial Intelligence (AI) products and services. This move has raised significant concerns surrounding data protection and user privacy. While users are automatically opted in for this data usage, they do have the option to opt out. However, the process to do so involves several steps, leading to raised eyebrows among data privacy advocates and experts.

As of June 26th, Meta will be expanding its “AI at Meta experiences,” which include AI creative tools and Meta AI. In a notification sent to users, Meta stated, “To help bring these experiences to you, we’ll now rely on the legal basis called legitimate interests for using your information to develop and improve AI at Meta.” The notification also mentions that users have the right to object to the usage of their information and that their objection will be applied going forward if honored.

However, the process of objecting is not as straightforward as expected. Users who wish to object must click on the link provided in the notification and fill out a form explaining why they oppose the usage of their data in this manner. Additionally, they need to check their email address to provide a confirmation code before their objection is officially lodged.

Simon McGarr, a solicitor and director of Data Compliance Europe, highlighted an issue with the current consent form. He stated, “Currently, they’re throwing up a consent form. But the consent form doesn’t say, ‘yes, I approve.’ It’s fill in this form if you don’t approve. So it’s an opt-out form.”

McGarr further argues that relying on legitimate interest as a legal basis for processing data is questionable. The data stored by Meta and Facebook is a mix of what is known as personal data and sensitive personal data. According to GDPR legislation, sensitive personal data cannot be processed solely on the basis of legitimate interest, as stated under Article 9. Any posts discussing sexual orientation or medical conditions, for example, would fall under sensitive personal data, making their processing by Meta legally problematic.

McGarr believes that the Data Protection Commissioner should intervene in this matter, highlighting the necessity of having a lawful legal basis to process data, especially when it involves personal and sensitive personal information. Concerns about the legality of Meta’s data processing practices, as well as the potential violation of GDPR legislation, call for a closer examination of the situation.

TheJournal has reached out to the Data Protection Commissioner for comment on this matter, signaling the need for clarity and guidance regarding the use of user data for AI training by tech giants like Meta. As privacy concerns increase in an age of rapidly advancing AI technologies, it is crucial to strike a balance between innovation and safeguarding user rights. The outcome of this situation may have significant implications for user privacy and data protection not just in Ireland, but globally.

In a world where data is becoming the lifeblood of AI development, it is imperative to ensure that user consent and privacy remain at the forefront. As Meta expands its AI offerings and delves deeper into the potential of AI-driven experiences, addressing these privacy concerns is vital to fostering trust between users and technology companies. Only through open dialogue, transparency, and stringent adherence to data protection regulations can the power of AI be harnessed responsibly while respecting individual rights.