The EU’s Data Protection Board (EDPB) has told large online platforms they should not offer users a binary choice between paying for a service and consenting to their personal data being used to provide targeted advertising.
In October last year, the social media giant said it would be possible to pay Meta to stop Instagram or Facebook feeds of personalized ads and prevent it from using personal data for marketing for users in the EU, EEA, or Switzerland. Meta then announced a subscription model of €9.99/month on the web or €12.99/month on iOS and Android for users who did not want their personal data used for targeted advertising.
At the time, Felix Mikolasch, data protection lawyer at noyb, said: “EU law requires that consent is the genuine free will of the user. Contrary to this law, Meta charges a ‘privacy fee’ of up to €250 per year if anyone dares to exercise their fundamental right to data protection.”
I think there’s a difference between “generic ads we show you to support our platform” and “we’re selling your data to other people to give us revenue, so you have to offset that loss”. The latter involves your privacy around data which is the target.
Yes, the nuance is that Facebook must offer an alternative that does not use personal data, even if it means losing some of the features compared to when you pay (either with money or authorizing them to sell your data).