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AI and Meta: a formal notice for using user data

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Meta, the social media giant, finds itself once again at the center of a controversy surrounding artificial intelligence.

The company recently announced its intention to use public data from Facebook and Instagram users to power its generative AI models. This decision, effective from May 27, 2025, has sparked an outcry in Europe, where strict data protection regulations impose clear limits on the practices of major digital platforms.

The Austrian association Noyb, a leading advocate for digital rights, responded by sending a formal notice to Meta, denouncing what it considers illegal and abusive data collection.

A controversial strategy for Meta’s AI?

Meta justifies this initiative by the need to improve its AI technologies, a field where competition is fierce. Starting in May 2025, public posts, photos, videos, and other content shared on Instagram and Facebook may be used to train its algorithms, unless users explicitly opt out through privacy settings.

This opt-out option is criticized, however, as it places the responsibility on users, who are often poorly informed about the implications.

This announcement comes after more than a year of delay, with Meta having to adjust its plans to comply with European regulations, including the General Data Protection Regulation (GDPR), the Digital Markets Act (DMA), and the recent AI Act. These laws impose strict safeguards to protect personal data and regulate the use of emerging technologies.

Noyb enters the scene

The association Noyb, based in Vienna, was quick to react. Known for its aggressive actions against tech giants, it sent a formal notice to Meta on Wednesday, May 14, 2025. Noyb, whose name stands for “None of Your Business,” accuses Meta of violating user rights by appropriating their data without explicit consent.

According to the NGO, this practice is not only contrary to the GDPR, but also unnecessary, as other AI players manage to develop high-performing models without resorting to massive personal data collection.

Max Schrems, the emblematic figure of Noyb, vehemently denounced Meta’s approach: “The idea that Meta needs to siphon data from millions of users to remain competitive in AI is an excuse that doesn’t hold up.” Max Schrems, who has won numerous legal victories against tech giants, promises that this formal notice is only a first step. If Meta persists, Noyb is considering more forceful actions, such as an injunction or a class action lawsuit.

Also read on this topic: How to protect your data from Meta’s AI training?

The stakes of a legal showdown

This case raises crucial questions about the balance between technological innovation and respect for privacy.

  • On one hand, Meta argues that using public data is essential to compete with players like OpenAI or Google, who are investing heavily in generative AI.
  • On the other hand, digital rights advocates believe that users should not be collateral victims of this race for innovation.

The potential consequences for Meta are far from trivial.

In case of proven non-compliance with the GDPR, the company faces colossal fines, potentially reaching 4% of its annual global revenue. In the past, Noyb has already contributed to imposing sanctions of several billion euros on giants like Google or Amazon, making this threat credible.

See also: Meta launches Meta AI app, outside social networks, to challenge ChatGPT

A test for the future of AI in Europe?

The conflict between Meta and Noyb illustrates the growing tensions between tech companies’ ambitions and European data protection requirements. As generative AI transforms entire sectors, the outcome of this showdown could redefine the rules for using personal data in AI development. For users, it’s a reminder of the importance of staying vigilant about the exploitation of their data, even when publicly shared.

Meanwhile, Meta finds itself at a crossroads: yield to Noyb’s pressure or risk a legal battle with uncertain consequences. One thing is certain: in the European arena, data protection remains a relentless fight.

Source: BFMTV

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