Privacy

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A place to discuss privacy and freedom in the digital world.

Privacy has become a very important issue in modern society, with companies and governments constantly abusing their power, more and more people are waking up to the importance of digital privacy.

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Meta (Facebook / Instagram) to move to a "Pay for your Rights" approach (noyb.eu)

submitted 1 year ago by [email protected] to c/[email protected]

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The Wall Street Journal reported that Meta plans to move to a "Pay for your Rights" model, where EU users will have to pay $ 168 a year (€ 160 a year) if they don't agree to give up their fundamental right to privacy on platforms such as Instagram and Facebook. History has shown that Meta's regulator, the Irish DPC, is likely to agree to any way that Meta can bypass the GDPR. However, the company may also be able to use six words from a recent Court of Justice (CJEU) ruling to support its approach.

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[–] [email protected] 82 points 1 year ago* (last edited 1 year ago) (12 children)

It seems like this might break the GDPR rules for consent:

Any element of inappropriate pressure or influence which could affect the outcome of that choice renders the consent invalid.

https://gdpr-info.eu/issues/consent/

or if the performance of a contract, including the provision of a service, is dependent on the consent despite such consent not being necessary for such performance.

https://gdpr-info.eu/recitals/no-43/

I’m not a lawyer though, so maybe a legal expert can chime in.

edit: the jury is still out it seems:

https://techcrunch.com/2023/10/03/meta-subscription-vs-consent/

[–] [email protected] 42 points 1 year ago (10 children)

I think you'd have a hard time legally saying that they have to provide a service to users when that service is paid for by selling access to users via advertising, even if the user refuses to allow that access. It would probably qualify as "necessary for such performance".

Having the extra option to pay to remove ads (while I think this price is ridiculously excessive) is a pretty reasonable compromise. Although it also feels kinda icky in the sense that it means you're essentially turning privacy into a privilege for the wealthy. So I dunno, it's a tricky issue.

[–] [email protected] 2 points 1 year ago

Necessary for performance of such service is like needing your address to ship you food or your identity data to connect you with individuals seeking to employ you. EG the info is necessary and relevant to the performance of the actual task at hand not I need all your data so I can sell it to make money. The alternative is so expansive that it would automatically authorize all possible data collection which is obviously not the intent of the law.

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