Data ProtectionAI, Data, & Tech InnovationsCybersecurity & Risk Management

Meta's Data Privacy Dilemma: Unethical Ad-free Subscription Practices and Celebrity AI Chatbots

Meta's Data Privacy Dilemma
252x252-arthur_heydata_882dfef0fd.jpg
Arthur
04.01.2024

What is it about?

Learn more about the controversial data privacy issues surrounding Meta’s problematic ad-free practices and its latest AI celebrity chatbots.
 

In the age where personal information is more valuable than ever, data privacy concerns have taken center stage. Big tech companies are no strangers to these concerns as they continue to grapple with user privacy and data protection issues.

Table of Contents:

Meta's ad-free subscription and data privacy concerns

Meta, the champion of user privacy and data protection, or so they'd like you to believe, is currently facing a growing battle with EU data protection regulators concerning its practices in the region yet again. According to the EU's top court, Meta, the parent company of several widely-used social media platforms, including Facebook, Instagram, Threads, and WhatsApp, has been running ads that violate data protection laws by tracking and profiling users without a valid legal basis. 

The European General Data Protection Regulation (GDPR) mandates that consent for data processing must be informed, specific, and freely given. However, Meta's approach to offering users a choice between paying a fee for privacy protection and accepting personalized ads, which involves tracking and profiling, has raised questions about the "freely given consent" principle. Key concerns related to this situation include:

  1. Lack of Freely Given Consent & Manipulation: Meta's proposal to offer an ad-free subscription option in exchange for tracking and profiling users' online activity has raised questions about whether such consent would be "freely given" as required by the General Data Protection Regulation (GDPR). Users may feel pressured to choose between paying for privacy and allowing their data to be tracked.
  2. Inequality and Access to Data Protection: Introducing a paid subscription model for privacy protection could create a digital divide. Users who cannot afford the subscription fees may have to relinquish their data privacy, which could lead to unequal access to data protection. 
  3. Power Imbalance: According to the European Court of Justice (ECJ), Meta holds a dominant position in the digital landscape and, as a result, may affect users' freedom of choice and create an imbalance between them and the data controller. Users may find it difficult to opt out due to the network effects and their extensive digital investments. This power imbalance can affect users' freedom to choose and may impact the validity of their consent.
  4. Data Protection for Profit: Meta's actions to introduce a subscription fee for data protection could be seen as a way to continue profiting from data tracking while appearing to offer an alternative. 

Data privacy without discrimination

The GDPR asserts every individual's entitlement to personal data protection. Therefore, presenting users with a dilemma between paying for privacy or relinquishing it to Meta seems to contradict the GDPR's foundational tenet of ensuring equal access to data privacy within its framework.

The Digital Markets Act (DMA) was created by The European Commission to provide a more efficient and timely solution to address issues related to Big Tech platforms. Therefore, should Meta succeed in exploiting an existing EU regulation to sustain its business model that is damaging to user privacy, it may indicate a failure in the EU's regulatory structure. 


Related blog: Super Apps: Is the Future of Social Media a Danger to Data Privacy?


Meta’s AI celebrity chatbot and user privacy challenges

Courtesy of Meta via Business Insider Meta's AI assistants will be able to act as an older sister, opinionated sports debater, and a golf instructor.

Courtesy of Meta via Business Insider

But wait, there's more! Recently, Meta has introduced AI celebrity chatbots on its platforms, featuring well-known figures such as Billie Jenner, Paris Hilton, Tom Brady, and Snoop Dogg. This strategy aims to engage younger users on Facebook and Instagram, more popular platforms among older demographics. However, several privacy concerns have emerged:

A free whitepaper to learn about the new EU AI act

Are you familiar with the EU AI Act?

With our free guide, you can start preparing for it right away!

Lack of End-to-End Encryption

One of the most significant concerns is that messages with these AI personas on Instagram are not end-to-end encrypted. End-to-end encryption is essential for protecting the privacy of users' conversations, as it ensures that only the intended recipients can read the messages. Without this level of encryption, there is a risk that the messages could be intercepted or accessed by unauthorized parties.

Data Collection and Use 

Meta's use of AI chatbots collects significant data from users. This data includes the messages users send to the chatbots, which are used to train and improve the AI models. While Meta claims that personal messages are not sent to the company, the data privacy policy is vague and leaves room for concerns about how this data is handled, stored, and potentially used.

Lack of Transparency 

The information provided by Meta regarding how data is collected, used, and stored is not always clear or detailed. The vague generative AI privacy policy may leave users uncertain about the extent to which their data is safeguarded.

The data privacy concerns surrounding Meta's celebrity AI chatbots stem from the lack of end-to-end encryption, potential data collection, and use, and a history of privacy issues that have eroded trust in the company's commitment to user privacy. Users should be cautious and consider these concerns before engaging with these AI personas on Instagram, Messenger, or WhatsApp.


Related blog: OpenAI's GDPR investigations and the growing importance of Data Privacy in the AI era.


Best Practices for AI chatbots in the workplace

With these data privacy concerns in mind, organizations can take proactive steps, such as policies, guidance, or training on the appropriate use of consumer AI tools, to mitigate risks when using AI systems and chatbots in the workplace. Different organizations may have varying approaches to this, from completely banning AI tool usage to some organizations choosing to educate employees on the risks and identifying suitable applications. Some of the best practices include: 

Treat AI Like Public Cloud SystemsApproach freely available AI systems cautiously, treating them like public cloud platforms or social media. It's essential to recognize that your input to these AI systems may be shared with others.
Establish AI Guidelines
 
Set clear and well-defined guidelines for utilizing AI systems within your organization. Ensure all employees are well-informed about what is considered acceptable and unacceptable when engaging with AI technology.
Data Privacy Training and Education
 
Introduce comprehensive data protection training and e-learning modules across your company to educate your workforce on the secure and responsible use of AI. This education should encompass an understanding of potential risks and best practices for ensuring security.
Safeguard Confidential InformationExercise caution when it comes to sharing confidential information with AI systems. Avoid providing them with sensitive data that could compromise your organization's security or privacy.
Protect Personal DataRefrain from sharing any personal information, including names, health records, or images, as illustrative examples. This will help maintain the privacy and security of individuals within your organization.
Exercise Caution with Technical DataAvoid sharing sensitive technical information like process flows, network diagrams, or code snippets, as there's a risk that other users might access this data.
External Data Protection OfficerAppoint an External DPO to help your business monitor the data processing activities of third-party tools and ensure compliance with GDPR, preventing accidental breaches due to human error.

Related topic: heyData employee compliance training 


Need help with AI systems and data protection? We can help you!

Get in touch!

Final Notes

The ongoing battle between Meta and EU data protection regulators highlights the complexities and challenges surrounding data privacy in the digital age. Although Meta is constantly trying to position itself as a data privacy-friendly tech giant, recent controversies surrounding the violation of data protection laws continue to cast a shadow on its claims.
 

martin_bastius_heydata

“As technology continues to advance, the protection of personal data and privacy rights must evolve in tandem to safeguard the interests of users and maintain trust in the digital ecosystem.”

Martin Bastius, 

Co-Founder & CLO at heyData

More articles

Blog_Header_31_Jul_2024_How_to_Use_WhatsApp_EN.jpg

How to Use WhatsApp for Business While Staying GDPR Compliant

With over 2 billion users, WhatsApp is a powerful business tool to engage customers. However, compliance with GDPR is a major concern, particularly for the classic WhatsApp and WhatsApp Business apps, which process metadata and access contact data. The WhatsApp Business API, designed for larger businesses, offers a more secure solution, integrating with external Business Solution Providers (BSPs) to ensure data protection. Choosing a BSP in the EU/EEA with proper data management capabilities is crucial for maintaining GDPR compliance and leveraging WhatsApp's reach effectively.

Learn more
Information Security Management System (ISMS): Definition, Benefits, and Implementation Guide

Information Security Management System (ISMS): Definition, Benefits, and Implementation Guide

An Information Security Management System (ISMS) is a structured approach for securing sensitive data, mitigating risks, and meeting compliance requirements. Through policies, procedures, and controls aligned with standards like ISO 27001, an ISMS ensures data confidentiality, integrity, and availability. Key benefits include enhanced data protection, compliance with GDPR and PCI DSS, and business continuity. ISMS implementation involves defining objectives, assessing risks, deploying security frameworks, and potentially gaining ISO certification, making it a valuable asset in the evolving digital landscape.

Learn more
iso27001-eng

ISO 27001: The Ultimate Guide to Compliance and Certification

ISO 27001 is an essential standard for managing information security, ensuring sensitive data is handled systematically. This blog serves as a thorough guide to ISO 27001 certification, outlining its main requirements and advantages for businesses. It emphasizes how organizations of any size can improve data protection and show their dedication to cybersecurity. The article contrasts ISO 27001 with NIS2, explores their distinctions and connections, provides real-world adoption examples, and presents a compliance framework with steps on using tools like heyData for effective implementation.

Learn more

Get to know our team today, with no obligations!

Contact us