– Based on what I see, I think this is illegal. So says Vebjørn Søndersrød, partner in the law firm Føyen and specialist in privacy and marketing law. Meta has now started rolling out advertising-free Facebook to some users. There, Facebook now gives users the choice between paying NOK 110 a month or using their data to show them advertising. On mobile it costs NOK 149. The changes are linked to a court decision from the European Court of Justice, which opened up such a model this summer. EXPECTING A RULE: Vebjørn Søndersrød, lawyer and specialist in privacy. Photo: Martin Gundersen / news Meta is under pressure from European supervisory authorities. In October, the Personal Data Protection Council in the EU (EDPB) determined that Meta cannot use personal data for behaviour-based marketing without a legal legal basis. – In order for Meta’s services to be legal again in Europe, they must make changes. They lack consent, says Søndersrød. The rollout of the “consent or pay” model is Meta’s preferred solution to this problem. Hardly a legal solution But Søndersrød does not think Meta’s new payment solution is legal either. – The question is whether the payment solution Meta is now proposing will be considered a real consent. If you are given the choice to pay money to prevent Meta from collecting information about you, is that a real consent? That is the question now. – That’s why I expect a new round of noise, adds the lawyer. AD FREE: For NOK 149 a month (110 if you pay online) you can get an ad-free experience on Facebook and Instagram. Photo: news The EDPB has already indicated that if a consent leads to “substantial financial costs”, it will not be considered a valid consent. The Norwegian Data Protection Authority has also expressed skepticism about a solution that involves paying out of the problem. Children are at risk Søndersrød is not sure whether the sum of NOK 149 a month will be considered by the EDPB as a “substantial cost”, but does not rule it out either. The price corresponds to NOK 1,788 a year for one user. – There is good reason to believe that the people with the least resources are most affected by this change. One concern is that those with the most resources can pay off, while others actually cannot, says Søndersrød. He points out that children can be extra vulnerable. EXPOSED: Children are a vulnerable group because they do not have the same opportunity to pay their way out of the data collection, points out Søndersød. Photo: NTB – They may want to create an account without their parents knowing. As you know, children have less money than adults. news has contacted Meta for a comment. They refer to their blog post about the new subscription solution. – The option to buy a subscription to not receive ads balances the requirements of European supervisory authorities and gives users options, writes Meta. They point out that the European Court of Justice’s court decision this summer precisely opened up the model they are now launching for Instagram and Facebook. – Undermining privacy Søndersrød is nevertheless supported by lawyer colleague Ida Thorsrud, who also believes that it is doubtful that Meta’s new model is legal. – I believe it is an erosion of our privacy rights, she says. LAWFUL? Meta believes the new model is in line with EU legislation. Photo: Martin Gundersen / news Thorsrud points out that Meta has set up a model where you don’t pay to get a better product or more functions. – What you pay for is to have your privacy rights fulfilled. It clearly undermines privacy, she says. She questions whether users should pay for rights they already have. – The EU Court of Justice has time and again shown that when you interpret privacy legislation, you must interpret it in a way that actually ensures the individual’s privacy. This model certainly does not do that, says Thorsrud. – Creative – They are very creative, says associate professor Malgorzata Agnieszka Cyndecka about Meta’s recently launched solution. UNSAFE GROUNDS: Malgorzata Agnieszka Cyndecka, associate professor at the University of Bergen (UiB), believes Meta is on unsafe legal ground with the new payment solution. Photo: Kim E. Andreassen, University of Bergen Cyndecka believes that Meta is legally on shaky ground when they point to the EU Court of Justice having opened up a payment solution. – It is a statement in a judgment that does not apply to the core of the case. The European Court of Justice has in passing thrown in a wording about consent and an appropriate payment, says Cyndecka, who is affiliated with the law faculty at UiB. Probably earns more from selling data Søndersrød, who has also spoken out about the problems with the website Kode24, does not think Meta really has any interest in people choosing the payment solution. – I think Meta makes far more money from personalized marketing than this 149 kroner per user per month, he says. – What will be Facebook’s next step if the EU does not allow this payment solution either? – They have two choices. Either they can make good on their threats and withdraw from Europe. Or they must make changes that satisfy the EU’s requirements for what constitutes voluntary consent.
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– Expect noise – news Culture and entertainment
