BRUSSELS, May 14 (Reuters) - Austrian advocacy group
NOYB said on Wednesday it would seek an injunction against Meta
Platforms ( META ) that could lead to billion-euro damages
claims if the tech giant goes ahead with plans to use Europeans'
personal data to train its artificial intelligence models.
NOYB (none of your business), led by privacy activist Max
Schrems, said it had sent a cease and desist letter on Wednesday
to Meta which plans to start using personal data from European
users of Instagram and Facebook from May 27.
Meta has cited a legitimate interest under EU privacy rules
for using users' data to train and develop its generative AI
models and other AI tools, which can be shared with third
parties.
The U.S. tech giant said last month that users would receive
a link to a form where they can object to their data being used
for training purposes and that private messages and public data
from accounts of users under the age of 18 will not be used in
the training.
Schrems criticised Meta's rationale.
"The European Court of Justice has already held that Meta
cannot claim a 'legitimate interest' in targeting users with
advertising. How should it have a 'legitimate interest' to suck
up all data for AI training?" he said in a statement.
"We are currently evaluating our options to file
injunctions, but there is also the option for a subsequent class
action for non-material damages. If you think about the more
than 400 million European Meta users who could all demand
damages of just 500 euros or so, you can do the math," Schrems
said.
NOYB said an injunction could be filed under the EU
Collective Redress which enables consumers to pursue collective
lawsuits against companies in the bloc. It set a May 21 deadline
for Meta to respond.
NOYB, which last year called on EU privacy enforcers to act,
said Meta could give users an option to opt-in rather than
opt-out and also provide clear conditions for AI training such
as using anonymised user data, in line with EU privacy rules.