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Plus - as if that wasn’t enough - Meta was recently hit with an order to stop sending EU users data to the US for processing and fined almost $1.3BN for breaching the GDPR’s requirements on data exports. And with even harder limits on surveillance ads coming down the pipe in the EU an app that proposes to track everything to maximize its appeal to advertisers will be a tough sell to regional regulators. (Designated gatekeepers must be compliant with the DMA by next spring while so-called very large online platforms need to meet obligations under the DSA by August 25.)Ĭurrently, the adtech giant does not even offer users a general, up-front choice to deny its tracking and profiling, let alone explicitly ask if it can share data on your health conditions so advertisers can try to sell you diet pills or whatever. So there’s even more regional legal uncertainty looming on the horizon for Meta’s people farming business. So Meta would need to ask and obtain specific permission for processing sensitive data like health into.Īdditionally, incoming EU regulations ban use of sensitive data for ads entirely and may require explicit consent for tech giants to combine data for ad profiling (see: the Digital Services Act and Digital Markets Act). But, earlier this week, the bloc’s top court piled more regional woe on Meta via a judgement on a German case referral where the Court said this legal basis is not appropriate for running Meta’s behavioral ads either and consent needs to be sought. Under current EU law, sensitive information such as health data also requires an even higher standard of explicit consent to be legally processed in order to be compliant with the General Data Protection Regulation.
Meta has since switched to a claim of legitimate interest for this data-for-ads processing. But it does raise questions over whether Threads will be able to launch in the European Union where the legal basis Meta had claimed for processing Facebook users’ personal data (performance of a contract) was found unlawful at the start of this year. Given that Meta, the developer behind the app, the company formerly known as Facebook, makes its money from tracking and profiling web users to sell their attention via its behavioral advertising microtargeting tools this is hardly surprising. Information provided about the app’s privacy via mandatory disclosures required on iOS shows the app may collect highly sensitive information about users in order to profile their digital activity - including health and financial data, precise location, browsing history, contacts, search history and other sensitive information. Meta’s planned Twitter killer, Threads, isn’t yet publicly available but it already looks like a privacy nightmare.
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