BRUSSELS, April 25 (Reuters) - Austrian privacy activist
Max Schrems on Thursday received backing from an adviser to
Europe's top court in his fight against Meta Platforms ( META )
over personalised advertising based on processing of personal
data.
The adviser's opinion is non-binding, but judges at the
Luxembourg-based Court of Justice of the European Union (CJEU),
follow the majority of such recommendations. It will rule on the
case in the coming months.
Schrems, who has repeatedly sued Meta for alleged breaches
of the EU's privacy law known as the General Data Protection
Regulation (GDPR), took his grievance to an Austrian court,
saying he regularly received advertisements directed at
homosexuals.
The court subsequently asked the CJEU for guidance.
CJEU advocate general Athanasios Rantos sided with Schrems.
"The Court should rule that the GDPR precludes the
processing of personal data for the purposes of targeted
advertising without restriction as to time," he said in his
opinion.
"A public statement by the user of a social network about
his or her sexual orientation renders those data 'manifestly
public', without, however, permitting their processing for the
purposes of personalised advertising."
Schrems lawyer Katharina Raabe-Stuppnig said political
comments on social media should not be allowed to be used for
targeted political advertising.
"At the moment, the online advertising industry simply
stores everything forever. The law is clear that the processing
must stop after a few days or weeks. For Meta, this would mean
that a large part of the information they have collected over
the last decade would become taboo for advertising," she said.
The case is C-446/21 Schrems (Communicating data to the
public).