Technology

This is the best summary I could come up with:

Adtech giant Meta’s bid to keep tracking and profiling users of Facebook and Instagram in Europe in spite of the bloc’s comprehensive data protection laws is facing a second challenge from privacy rights advocacy group noyb.

It’s supporting a new complaint, which is being filed with the Austrian data protection authority, that alleges the company is breaching EU law by framing a choice that makes it far harder for users to withdraw consent to its tracking ads than to agree.

In that case, the decision which finally emerged out of Ireland was actually the DPC acting on instruction from the European Data Protection Board (EDPB), which had to step in to settle disagreements between EU regulators.

“The [Austrian] authority should order Meta to bring its processing operations in compliance with European data protection law and to provide users with an easy way to withdraw their consent — without having to pay a fee,” writes noyb, urging the imposition of a fine “to prevent further violations of the GDPR”.

While all these tortuous regulatory twists and turns have played out, the upshot for Facebook and Instagram users in Europe is that their privacy remains at Mark Zuckerberg’s mercy — unless or until they abandon using his dominant social networks entirely — since, in parallel with all these years of privacy scrutiny and sanction, the adtech giant has been able to keep cashing in on Europeans’ personal data the whole time; processing it for ad targeting despite its legal bases being under challenge or even, for several months-long stretches, invalidated (as happened in the months between its claim of (first) contractual necessity (and then legitimate interests) being ruled out and Meta switching to alternatives (earlier last year legitimate interests; now consent)).

That said, we are seeing more moves to litigate against Meta on privacy — such as the $600M competition damages claim being brought by publishers in Spain last year who argue its lack of legal basis for microtargeting users sums to unfair competition they should be compensated for — so the adtech giant could face a reckoning in the form of rising costs coming down the pipe over legacy data protection violations, as well as the prospect of future sanctions flowing from fresh privacy complaints if they lead to breach findings.

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