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Facebook will soon use your photos, posts and other info to train its AI. You can opt out (but it's complicated)

Privacy experts and advocates have raised concerns about Meta’s plans.

DATA PROTECTION CONCERNS have been raised after Facebook and Instagram parent company Meta announced it will soon start using its users’ posts and photos to train its Artificial Intelligence products and services.

Users of the social media platforms are automatically opted in to consent to this. While they have the option of opting out, they must go through a number of steps to do so, which has raised concerns among data privacy advocates and experts.

Many users of Meta products will have gotten a notification informing them that as of 26 June the company will be expanding its “AI at Meta experiences”, including Meta AI an AI creative tools. 

“To help bring these experiences to you, we’ll now rely on the legal basis called legitimate interests for using your information to develop and improve AI at Meta.”

The notification says users have a right to object to how their information is used for these purposes, and that “if your objection is honoured, it will be applied going forwards”.

If a user objects, they must click on the link in the notification and fill out a form explaining why they object to their data being used in this way. They must then check their email address to provide a confirmation code before their objection is lodged.

“Currently they’re throwing up a consent form. But the consent form doesn’t say, ‘yes I approve’. It’s fill in this form if you don’t approve. So it’s an opt out form,” said Simon McGarr, a solicitor and director of Data Compliance Europe.

“Unless you fill that in that you’ve consented to their legitimate interest use of your data. Now, I don’t think that’s valid because people’s data in Meta and Facebook is likely a mix of what is known and personal data and sensitive personal data.

And sensitive personal data cannot be processed on foot of legitimate interest.

McGarr said this was covered under Article 9 of GDPR legislation. He said that the Data Protection Commissioner should intervene in the matter.

“You must have a lawful legal basis to process data, and this is definitely data processing it will include personal data but it will also include sensitive personal data,” he said.

Any posts that discuss sexual orientation or medical conditions, for example, would be considered sensitive personal data, and McGarr said Meta is not legally able to process these under legitimate interest, due to GDPR legislation.

In a statement, the Data Protection Commissioner:

“Meta delayed the launch following a number enquiries from the DPC which have been addressed. Meta is now giving users a jewel notification, additional transparency measures (AI privacy centre articles), a dedicated objection mechanism, 4 weeks from notification to users to date of initial training so there is now a time between notification and training.

“Meta has advised the DPC that only that personal data (posts not comments) shared by users based in the EU to a public audience on Instagram and Facebook at the time of training will be used and that this will not include personal data from accounts belonging to users under 18.

The DPC has also shared this and more information with our EDPB colleagues as our engagement with Meta has progressed.

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21 Comments
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    Install the app to use these features.
    Mute Rafa C
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    May 28th 2024, 7:49 PM

    Wasn’t complicated I filled it out in 5 minutes. It was easy. I asked chat gpt ai to generate reasons to opt me out and got some real dousys.

    Submitted it, got accepted in seconds.

    Used AI to opt out of AI, I am nailing life (sunglasses emoji)

    278
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    Mute Steve Davis
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    May 28th 2024, 8:21 PM

    @Rafa C: How do you get to the form? I got no notification….

    43
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    Mute Rafa C
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    May 28th 2024, 8:24 PM

    @Steve Davis: just popped up in the feed. Dunno

    16
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    Mute no no no
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    May 28th 2024, 10:33 PM

    @Steve Davis: check notifications, musy be sometime around this monday. There is a link in the message. Just give your email and write “i do not consent”. Within 1 minute you’ll get a confirmation like OP said

    9
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    Mute ben wu
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    May 28th 2024, 7:42 PM

    Should be Opt-In, with options for it to only use new posts, or historical posts.
    It doesn’t seem to clarify anything regarding private messages or groups.
    Yet another clear example of the phrase ‘If the service is free, then you are the product’

    139
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    Mute Daniel Skelton
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    May 28th 2024, 8:26 PM

    Good thing I’m no longer in that disgusting cesspool of a site. Remember, Meta is not your friend in any way shape or form.

    120
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    Mute F Fitzgerald
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    May 28th 2024, 8:31 PM

    @Daniel Skelton: In fairness, people also say that about Twitter – which is excellent for public transport updates & breaking news. I really think it’s down to what you search for; I got a load of rubbish recommended to me on YouTube until I started knocking them down one at a time with a right-click & a “Dislike this”.

    26
    N
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    Mute N
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    May 28th 2024, 9:27 PM

    Please opt out, Its actually not complicated .
    I recently had my FB cloned to a ficticious person in Texas and my pictures attached to a fundraising site. FB did nothing and refused to help, the only way I had it removed was through the data protection commission.

    62
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    Mute Deirdre Moffat
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    May 28th 2024, 8:16 PM

    @Louis Jacob. I deleted my Facebook account recently , are my photos still floating around out there for Meta to use? I’m a bit of a philistine when it cimes to social media platforms!

    37
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    Mute Deirdre Moffat
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    May 28th 2024, 8:17 PM

    @Deirdre Moffat: comes*

    5
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    Mute lastfewchocices
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    May 28th 2024, 10:35 PM

    @Deirdre Moffat: also wondering this.

    10
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    Mute Dominic Leleu
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    May 29th 2024, 7:45 AM

    Just close your account. You don’t need Facebook. Problem solved

    25
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    Mute Louis Jacob
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    May 28th 2024, 8:08 PM

    Been off Facebook since the 2020. Recently reactivated my account to re

    21
    Install the app to use these features.
    Mute Louis Jacob
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    May 28th 2024, 8:09 PM

    …retrieve some photos. Couldn’t get off it quick enough again. Other people’s lives dolled up to the max 24/7. No thanks!

    78
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    Mute F Fitzgerald
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    May 28th 2024, 8:27 PM

    @Louis Jacob: I hear you; I’ve never been on FB. Can see how it’d be handy when you’re abroad and for family and friends. But apart from all the data security issues, it seems geared to keep ppl on for hours. Plus when you suggest that anyone drop FB, they react as if you’d said “why not get divorced?!” Something addictive about it.

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    Mute sakk sa
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    May 28th 2024, 8:32 PM

    It’s taking place already since 2018 !

    17
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    Mute John Quinn
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    May 29th 2024, 12:47 AM

    Why can you not comment on anything?

    16
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    Mute Anne Sullivan
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    May 29th 2024, 7:10 AM

    @John Quinn: totally agree. Comments closed on every story. This page has gone to the dogs

    19
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    Mute Andrew Giles
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    May 28th 2024, 10:13 PM

    Opting out is quite simple, just give the reason as it may impinge your rights under GDPR legislation.

    15
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    Mute Shane O Mac
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    May 29th 2024, 2:06 PM

    You shouldn’t have to opt out, they should be contacting you if you would like to opt in.

    11
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    Mute Jp Cleary
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    May 28th 2024, 9:25 PM

    It shouldn’t have happened…… what the fcuk does that actually mean ?

    20
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