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.”

  • The mastermind
    link
    fedilink
    English
    592 months ago

    WARNING: THREAD CONTAINS BOOTLICKERS Hey there user tread lightly this thread have bootlickers .

    • @Emmie@lemm.ee
      link
      fedilink
      English
      31
      edit-2
      2 months ago

      We could do away with such attention seeking comments tbh, it’s good that some have different views imo because you can argue with them. Isn’t that the point of this site?

      would you prefer for the comments to be all just long string of: “fuck meta” ?

      • @bleistift2@feddit.de
        link
        fedilink
        English
        32 months ago

        This is lemmy. Any valid argument is shat out by the devil himself if it might be construed to support the perceived “strong one” in a relationship.

        • @Emmie@lemm.ee
          link
          fedilink
          English
          102 months ago

          Well it doesn’t have to be like this. We can choose to try to keep things more quality. Lemmy is us.

    • @Baku@aussie.zone
      link
      fedilink
      English
      72 months ago

      It’s not really that bad. It was 1 single comment chain. If you don’t want to read the debate, it’s a fairly trivial task to collapse the parent comment and carry on with your day.

  • @bleistift2@feddit.de
    link
    fedilink
    English
    34
    edit-2
    2 months ago

    I’m all for GDPR and really enjoy its protections, but I don’t understand this one. If facebook says they need €10/mo to provide their services and gives us the choice to either pay that or to pay with targeted ads, then how does that infringe upon our data [Edit: integrity autonomy]? The service seems to be worth something, so the EU cannot expect facebook to just give it out for less, can they? What’s the basis for this?

    • @TheEntity@lemmy.world
      link
      fedilink
      English
      722 months ago

      They can just charge €10/mo like every other company does, for example Netflix. They can’t offer it as an alternative to the “freely given consent”. It’s not freely given if the alternative is to pay to not give this consent.

      • @pearsaltchocolatebar@discuss.online
        link
        fedilink
        English
        72 months ago

        You’re free to not use Facebook.

        Also, your argument breaks down because there are plenty of free streaming platforms that use targeted advertising as payment for their services.

        If anything, Facebook doing this is surprising because they’re making data collection opt-in.

        • @ZeDoTelhado@lemmy.world
          link
          fedilink
          English
          462 months ago

          The biggest problem with this approach is basically Facebook saying that you have to pay for a right, meaning, if the law tells you that you can, and should, always have a say if you are followed around or not, you mist have that capability. What Facebook is doing is put a right behind a paywall, which is absurd

          • @bleistift2@feddit.de
            link
            fedilink
            English
            62 months ago

            If I understand you correctly, you’re making the same argument as !snooggums@midwest.social above, so I’ll copy answer to them here:

            That is a completely different issue. On the one hand, meta does collect data on people who do not have an account. This is simply illegal, since that collection is neither necessary nor consented to. The EU should finally put a stop to that.

            On the other hand we have the voluntary relationship a user enters with facebook by creating an account. This is what the article is about and what I was referring to in my comment – the “binary choice between paying for a service and consenting to their personal data being used to provide targeted advertising”

            • @humorlessrepost@lemmy.world
              link
              fedilink
              English
              4
              edit-2
              2 months ago

              Are there any rights you think should supersede contracts? If so, how do you draw the line between rights that do and don’t?

              • @bleistift2@feddit.de
                link
                fedilink
                English
                32 months ago

                Are there any rights you think should supersede contracts? If so, how do you draw the line between rights that do and don’t?

                (I’ll answer your question in a comment side-chain, just because you asked.)

                Germans have the right to continued wage payments if they need to take care of family members (§616 BGB). However, that right can be voided in the employment contract.

                (§618 BGB) essentially states that the work environment must be reasonably safe. This cannot be voided by contract, as is codified in (§619 BGB).

                These are just instances. I do not know any general rules for the precedence of contracts over the law or vice versa.

              • @bleistift2@feddit.de
                link
                fedilink
                English
                22 months ago

                Are there any rights you think should supersede contracts?

                That is beside the point I’m making. Facebook acknowledges the right to privacy by giving you the choice to pay for the service rather than giving up your data. In my view, this should be completely acceptable by the GDPR. No-one is forcing you to sign up to facebook, so you do have a completely free choice to (1) either not give up your data and not use facebook; or (2) not give up your data and pay for the service; or (3) give up your data and pay for the service that way.

        • @TheEntity@lemmy.world
          link
          fedilink
          English
          262 months ago

          Firstly, this is not “my argument”, this is EU’s argument.

          Secondly, none of these platforms present it as a choice between paying and giving the kind of consent that by law needs to be optional and freely given.

          Thirdly, being free to not use a service that is breaking the law does not make it any less illegal.

        • @umbrella@lemmy.ml
          link
          fedilink
          English
          122 months ago

          not really, its so ubiquitous some of their services cant be not used.

          its impossible to exist in my country without whatsapp, most businesses do their customer service through whatsapp now.

        • BolexForSoup
          link
          fedilink
          12
          edit-2
          2 months ago

          You’re free to not own or use a car. Should we have no rights when it comes to cars as well?

          You’re free to not use the internet. Should we have no rights online?

          • @pearsaltchocolatebar@discuss.online
            link
            fedilink
            English
            22 months ago

            What right is being infringed upon? Facebook is saying your options to use a private service are to pay for it, or receive targeted advertising.

            You’re free to just not use any meta products like I do.

            • BolexForSoup
              link
              fedilink
              1
              edit-2
              2 months ago

              It’s not about the advertising. It’s that you have to pay money to opt out of their aggressive data collection. The advertising is just one thing they do with your data.

              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.

              It’s the first sentence of the article.

          • garrett
            link
            fedilink
            English
            22 months ago

            But there’s also no ad-supported cars.

            • @DrWeevilJammer@lemmy.ml
              link
              fedilink
              English
              92 months ago

              Not seeing ads for GEICO on your car’s dashboard doesn’t mean that Toyota isn’t gathering as much data as they can about you via the platform they built and then selling that information to GEICO.

              As well as information about who you are, Toyota can also collect your “driving behavior.” This includes information such as your “acceleration and speed, steering, and braking functionality, and travel direction.” It may also gather your in-vehicle preferences, favorite locations saved on its systems, and images gathered by external cameras or sensors.

              Some models of Toyota can also scan your face for face recognition when you enter one of its vehicles.

              Source

              • garrett
                link
                fedilink
                English
                12 months ago

                And that is totally unreasonable collection, of course. It’s also completely incomparable to pretending that Facebook is as necessary as a car (at least in America).

                • BolexForSoup
                  link
                  fedilink
                  1
                  edit-2
                  2 months ago

                  If your bar is “we only have rights when it comes to things that we can’t live without“ then not only are you creating your own arbitrary standards that is not reflected in our society, but you should be angry if you think that’s how things work.

                  You have rights dude. Stop trying to win an online argument/defending business in such a bizarre way. There are limits to what they can do whether they re essential services or not.

                  Besides, you have kind of lost the thread here. It’s not about whether or not they can advertise or charge. It’s about how they collect and use your data in service of advertising (and more). It’s in the first sentence of the article.

                  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.

                  Facebook is free to have an ad tier and a pay tier. It’s about the data they collect and how it’s used.

            • BolexForSoup
              link
              fedilink
              4
              edit-2
              2 months ago

              What does the monetization scheme have to do with whether or not we have consumer and privacy rights beyond how it infringes on them?

              • garrett
                link
                fedilink
                English
                12 months ago

                The point was that it’s apples to oranges. Monetization is kinda the key issue here unless you’re ready to declare Facebook a utility and publicly fund it. Personally, I’d rather we be rid of it entirely.

              • garrett
                link
                fedilink
                English
                12 months ago

                Only cause they can’t interject ads while driving lol

                • 520
                  link
                  fedilink
                  22 months ago

                  They’ll try, I’m sure. Tesla and law abiding don’t go well together.

          • @bleistift2@feddit.de
            link
            fedilink
            English
            22 months ago

            You have the right to not own a car. But if you do, you must have insurance for it (in Germany, at least). You cannot hide behind GDPR and say “I have a right to my data. I must not be asked to give it to any insurer without my consent.” You also need to have a driver’s license with your name and photo on it. GDPR doesn’t protect you there, either.

            The bottom line is: Using a product may come with responsibilities or other concessions. You have the right to not use the product if the concessions aren’t worth it to you. You do not have the right to any product if you refuse the obligations that come with it.

            This is, of course, my own opinion based on my understanding of how the world should work.

            • BolexForSoup
              link
              fedilink
              2
              edit-2
              2 months ago

              They can’t assign any concessions they wants that’s the entire point. You have rights you can’t sign away even if you want to. I mean dude you’re defending facebook, arguably the single worst company when it comes to respecting user data and privacy. Your assumption should be they are probably wrong until proven otherwise.

              • @bleistift2@feddit.de
                link
                fedilink
                English
                32 months ago

                I mean dude you’re defending Meta, arguably the single worst company when it comes to respecting user data and privacy

                That’s argumentum ad hominem. If the law means what you think it means, it applies whether we’re talking about EvilCorp or SaveTheWhaleChildrenBeeFluff.

                Also recall the very first thing I said on this topic:

                I’m all for GDPR and really enjoy its protections, but I don’t understand this one.

                I’m playing devil’s advocate in order to gain insight, because I have no clue how this board reaches its conclusions.

                • BolexForSoup
                  link
                  fedilink
                  1
                  edit-2
                  2 months ago

                  I’m playing Devil’s advocate

                  Don’t it’s obnoxious and not insightful. It’s how teens test drive arguments without repercussions.

            • @0x0@programming.dev
              link
              fedilink
              English
              12 months ago

              Oh, by the way… you have all those rights, but from now on you can only have them if you pay 10$/mo, otherwise we’ll take it upon ourselves to switching on all telemetry and cameras in your car and pass that data on to insurers and others.

              Actually… it doesn’t even qualify as analogy, more like premonition.

      • @bleistift2@feddit.de
        link
        fedilink
        English
        12 months ago

        The do charge €10/mo like every other company does, and they add the possibility to not pay and rather see targeted advertisement. How is that worse?

    • @krcr@sh.itjust.works
      link
      fedilink
      English
      302 months ago

      They can put all the ads they want to finance their services, but if they want to use targeted ones, they have to ask for unbiased users consent.

      • @bleistift2@feddit.de
        link
        fedilink
        English
        22 months ago

        Suppose non-targeted ads didn’t generate enough revenue. Would it then be legitimate to require facebook to provide their service at a loss?

        • @ArcticDagger@feddit.dk
          link
          fedilink
          English
          102 months ago

          I would say no. Just as it’s not legitimate for any other business to break the law even if that means they’re not going to be profitable

      • @bleistift2@feddit.de
        link
        fedilink
        English
        2
        edit-2
        2 months ago

        I can’t find the word ‘unbiased’ in the GDPR. All it asks for is consent:

        1. Processing shall be lawful only if and to the extent that at least one of the following applies:

        a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

        In the case of facebook, the user gives consent for the purpose of being served targeted advertising in exchange for the provided service.

        [Edit:] Found something:

        When assessing whether consent is freely given, utmost account shall be taken of whether, […] the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract. Article 7, paragraph 4 GDPR

        So the question of whether the pay-or-consent model is legal hinges upon the question of whether payment (in any form) is “necessary for the performance of that contract“.

        • @krcr@sh.itjust.works
          link
          fedilink
          English
          4
          edit-2
          2 months ago

          Yes the term is “freely given consent” indeed, but more importantly: Why would you not trust the EU Data Protection Board if they say themselves that consent-or-pay is not okay?

    • @snooggums@midwest.social
      link
      fedilink
      English
      202 months ago

      Meta is currently acooping all my data as someone who does not a Meta account, which I would need to create ao I could pay them money not to do that.

      No, not all the targeted advertising that they collect data for is through Facebook/whatever else they own now.

      • @bleistift2@feddit.de
        link
        fedilink
        English
        11
        edit-2
        2 months ago

        That is a completely different issue. On the one hand, meta does collect data on people who do not have an account. [Edit: Source: https://www.consumerreports.org/electronics-computers/privacy/how-facebook-tracks-you-even-when-youre-not-on-facebook-a7977954071/] This is simply illegal, since that collection is neither necessary nor consented to. The EU should finally put a stop to that.

        On the other hand we have the voluntary relationship a user enters with facebook by creating an account. This is what the article is about and what I was referring to in my comment – the “binary choice between paying for a service and consenting to their personal data being used to provide targeted advertising”

        • lemmyreader
          link
          fedilink
          English
          32 months ago

          On the one hand, meta does collect data on people who do not have an account. This is simply illegal, since that collection is neither necessary nor consented to. The EU should finally put a stop to that.

          Good that you brought that up. And that deserves more attention!

    • @mavu@discuss.tchncs.de
      link
      fedilink
      English
      142 months ago

      I didn’t read the massive thread, no idea if the correct answer is already in there, but there seems to be a lot of text and the answer is realy short.:

      This does not prohibit them from using Ads to finance the service.
      It just prohibits data collection.
      Those two things are not the same.

      • @lud@lemm.ee
        link
        fedilink
        English
        12 months ago

        It also doesn’t prohibit Facebook from being a purely paid service.

    • ultratiem
      link
      fedilink
      English
      142 months ago

      Privacy is a fundamental human right. It’s not a luxury or a means to extort or monetize customers. That’s why the EU is getting involved. Because companies like Meta will leverage them against monetization.

      It’s like going to your doctor and having them tell you that unless you pay them $50 for the visit, they’ll sell your medical data to whomever.

      A company has to build their services on top of privacy and security, not use either as a means to monetize or boost profits. That’s what the EU is fighting for. Because we all know what happens when it’s left up to the companies…

    • BolexForSoup
      link
      fedilink
      13
      edit-2
      2 months ago

      This assumes everyone who values privacy can afford another $10mo sub in their life or that it should cost money in the first place. In an issue of consent that shouldn’t be the case.

      • @pearsaltchocolatebar@discuss.online
        link
        fedilink
        English
        42 months ago

        Using Facebook is not something that’s necessary. You’re asking a company to give away services for free.

        The whole reason it’s free is because you are the product, and it’s almost always been that way. If you value your privacy and don’t want to pay for Facebook, that’s a personal decision, and the government shouldn’t be involved.

        • @DrWeevilJammer@lemmy.ml
          link
          fedilink
          English
          82 months ago

          Let’s say that I’ve never had a Facebook account, but Facebook still has a lot of data it has collected about me from multiple sources, including other Facebook users, who might post photos that I am in, or share information about me in posts, neither of which i gave consent to anyone to share.

          Is it fair that my only option to protect my private information is to CREATE a Facebook account and pay them to STOP collecting and selling my private information?

              • @Jako301@feddit.de
                link
                fedilink
                English
                12 months ago

                No, it’s not. You paying them money won’t stop them from collecting data about you. It only stops them from selling it to show targeted ads.

                Don’t get me wrong, I despise meta for it and think they should be prosecuted for that immediately, but that has nothing to do with the article or what the EU is saying.

                Mixing these two things just cause you hate meta will get us nowhere. Their data collection of non-users is straight up illegal, but the pay with money or data model is something that especially news sites have been using for a long time now.

        • BolexForSoup
          link
          fedilink
          62 months ago

          You are conflating a lot of different things here and I’m a little too busy at work today to completely disentangle it, but the short version is that none of us are ignorant about what “free“ means online. That is not the debate here so I’m not sure why you’re going off on that when I don’t even disagree there in the first place. It’s just not relevant.

      • @bleistift2@feddit.de
        link
        fedilink
        English
        32 months ago

        You’re framing this as if a facebook account were mandatory. If you can’t afford $10 per month, don’t use facebook. I don’t.

        • BolexForSoup
          link
          fedilink
          3
          edit-2
          2 months ago

          I never said anything of the sort and I don’t know why whether or not the service is mandatory matters. That isn’t the bar for us to have consumer/privacy rights.

    • @racemaniac@lemmy.dbzer0.com
      link
      fedilink
      English
      112 months ago

      Just wondering, do you know that reading the article where it’s all explained in detail is an option?

      Before the change 3% of facebook users agreed to be tracked, after “pay or be tracked” suddenly that jumped to over 90%. The entire point of GDPR is that privacy is a really hard thing to grasp, and that companies have capabilities most people can’t even imagine. So the GDPR demands consent to be given freely. Giving users the choice between yet another subscription or “consent” is clearly not free consent, your “free consent” doesn’t jump from 3% to 90% if you’re not basically coercing your users.

      “yeah, but they have the option to pay”. Yeah, and then i can start paying for google (each service seperately with complex bundles of course), and facebook, and reddit, and twitter and tiktok and … and of course everyone has hundreds of dollars to spend on online services to continue using the internet the way we’ve been using it for a decade.

      “yeah, but you could use other services”, yeah, i could go to a facebook alternative where none of my friends or family are. Or a youtube alternative where hardly anyone posts videos or… These sites have gained a natural monopoly by being free, and now suddenly i have to pay to not have my rights violated.

      And will this long term mean sites like facebook, youtube, … become unprofitable and collapse? I for sure hope so yes. These companies gained a monopoly in big parts of the internet, and will make insane profits of being in that position either via ads or subscriptions. This is a terrible place for society to be in, and the sooner they collapse, the sooner we as society can start figuring out what would be a model that does work and isn’t hostile to its user.

    • @LWD@lemm.ee
      link
      fedilink
      English
      9
      edit-2
      2 months ago

      gives us the choice to either pay that or to pay with targeted ads,

      Facebook never offered that choice. The only options were

      • Free: All of your data gets used and sold (and you get ads)
      • Paid: All of your data gets used and sold (except for the stuff that would usually be used to show ads)
      • Ephera
        link
        fedilink
        English
        112 months ago

        It should have been opt-in since the GDPR went into force. This is Facebook winding around it.

    • Tech With Jake
      link
      fedilink
      English
      42 months ago

      Not to defend Instagram cause fuck Meta. I’m curious how it would’ve turned out if Meta didn’t buy them way back. Same with WhatsApp. Could they have been great apps now a days instead of deserving of our scourn?

      • @HeavyRaptor@lemmy.zip
        link
        fedilink
        English
        32 months ago

        I remember Instagram when it was new. It was an actually photography app. Of course it had the edgy filters (which ~15 year old me made full use of). But the pictures people posted actually had a bit of effort behind them.

        Then it started becoming another mainstream social media where most pictures were about people’s lunches. I didn’t stick around for it’s final phase of business ads and thots.

        I think it lost the cool factor by the time FB bought it but maybe it would’ve taken longer to become as ad-infested as it is today

        • Tech With Jake
          link
          fedilink
          English
          22 months ago

          100% agree. Around for that time too. It’s why I wonder what it could’ve become.

          Ain’t nothing wrong with posting mundane pictures. I mean, look at PixelFed. Same shit happening but no horrible ads, no crappy algo, nobody trying to sell you shit. Just people posting pics.

          • @HeavyRaptor@lemmy.zip
            link
            fedilink
            English
            1
            edit-2
            2 months ago

            There is nothing inherently wrong about food pictures but I feel like it is a symptom of the focus shifting from trying to take quality pictures to showing off a nice dinner/vacation/car you had to your “friend” group.

            There is a thin line between look at this cool thing and look at how much better my life is then yours. I kinda have a distaste for the second one. (That said I take food pictures all the time but mostly of stuff I made myself, though I don’t post it to social media)

  • @Emmie@lemm.ee
    link
    fedilink
    English
    10
    edit-2
    2 months ago

    Hmmm it looks like social media became a basic necessity, among some at least

  • archomrade [he/him]
    link
    fedilink
    English
    72 months ago

    The thing that jumps out to me here is that mobile data is apparently worth 20% more than web data and that in no way surprises me but very much pisses me off

    • @PM_Your_Nudes_Please@lemmy.world
      link
      fedilink
      English
      72 months ago

      Pretty sure it’s because both Apple and Google shave a commission off the top of any in-app purchases. So if you buy a subscription in the app, Meta would actually make less money. So to compensate, they increase the price for in-app purchases.

      Alternatively, it could be because adblockers are less prevalent on mobile. Even casual desktop users have begun using adblockers, but very few people block ads on mobile.

    • Marighost
      link
      fedilink
      English
      42 months ago

      It may be higher for two reasons. First thing I thought of, they’re accounting for Play Store/iOS fees. Second, I guarantee there’s loads more mobile users they can make a few more pennies off of.

      • archomrade [he/him]
        link
        fedilink
        English
        3
        edit-2
        2 months ago

        As far as I know, the service fees only apply to apps that charge for their app or have in-app purchases. sorry, I misunderstood what you meant

        I assume that difference has more to do with the value of ads being higher on a smartphone given the abundance of data that isn’t available via browser.

  • @bobbytables@feddit.de
    link
    fedilink
    English
    6
    edit-2
    2 months ago

    Huh, I’m curious how this one turns out. Lots of German news outlets use some kind of privacy paywall for their websites. Its always some pop-up with “read the article for free with tracking or subscribe to [newspaper name] Pure/Plus”. So this might affect way more smaller companies than just Meta.

    I mean I don’t like the choice but at least it’s a choice. Journalism costs money so they have to get their budget somewhere, I guess.

  • AutoTL;DRB
    link
    fedilink
    English
    22 months ago

    This is the best summary I could come up with:


    It followed requests by the Dutch, Norwegian, and Hamburg Data Protection Authorities and complaints about Meta, the social media company that owns Facebook, WhatsApp, and Instagram.

    “Most users consent to the processing in order to use a service, and they do not understand the full implications of their choices,” EDPB chair Anu Talus said in a statement.

    But a Meta spokesperson said: "Last year, the Court of Justice of the European Union ruled that the subscriptions model is a legally valid way for companies to seek people’s consent for personalized advertising.

    In November last year, privacy activist group noyb (None Of Your Business) filed a complaint with the Austrian data protection authority against Meta for introducing the subscription model.

    At the time, Felix Mikolasch, data protection lawyer at noyb, said: "EU law requires that consent is the genuine free will of the user.

    In February, consumer groups filed their own complaint to stop Meta giving EU users a “fake choice” between the subscription offer and consenting to being profiled and tracked via data collection.


    The original article contains 556 words, the summary contains 174 words. Saved 69%. I’m a bot and I’m open source!

  • @Samsy@lemmy.ml
    link
    fedilink
    English
    22 months ago

    If I were an advertiser, the people who pay for privacy would become my primary target.