- The group of digital rights based in Austria, Noyb, sent a letter to stop and abstain to Meta on its IA training plans in the EU
- All publications and user interactions are defined to feed Meta AI in the EU from May 27, 2025, as a withdrawal option
- Contrary to what Meta claims, Noyb argues that the META IA training does not comply with the GDPR and threatens to file an injunction as a next potential step
The Digital Rights Group based in Austria Noyb threatens Meta with an injunction on its AI training plans in the EU, arguing that these do not comply with data confidentiality laws.
The Big Tech Giant is ready to feed its Meta AI models with all publications and user interactions from May 27, 2025, as a deactivation option. This means that European Facebook and Instagram account holders must complete an objection form before this date if it does not want their data to be used. However, Noyb maintains that Meta should request the opt-in consent instead, according to the RGPD rules.
The group led by private life activist Max Schrems has already deposited a letter to stop and abstain against Meta on Wednesday May 14, asking the company to stop its current plans. An injunction and potential collective remedies could be the next steps if the Meta AI training takes place with regard to the Schrems – which could lead to complaints of substantial damage to affected users.
The legitimate interest in
According to Noyb, the legal enigma around Meta AI lies in the way in which the social media giant plans to use the provision of legitimate interest led by article 6 (1) (f) of the GDPR, which allows companies to collect and process user data without freely given consent.
Examples of legitimate interest include the use of people’s data to prevent fraudulent activities, processing customer data for customer service or management of employees.
“The European Court of Justice has already judged that Meta cannot claim a” legitimate interest “to target advertising users. How should it have a” legitimate interest “to suck all the data for AI training?” Said Scherms, arguing that in the meta-affairs, the legitimate interest is “neither legal nor necessary”.
In addition, companies are also required to carry out an evaluation of the legitimate multi-factors interests in order to determine whether the use of this provision has no negative impact on the rights and freedoms of the individual.
Noyb, however, argues that Meta IA training will not be able to comply with other RGPD rights, such as the right to be forgotten or the right to access their data afterwards. Indeed, once in an LLM database, it is very difficult (if not impossible) to recover the data.
Commenting on this, Schrems said, “Meta simply says that her interest in earning money is more important than the rights of its users.”
🚨 Today, Noyb has sent a letter to stop and abstain to Meta concerning his AI training plans in Europe. 👉 If Meta does not comply with the request, Noyb could file an injunction – or launch a collective remedy of the EU in the future.May 14, 2025
Meta announced its intention to resume Meta AI in the EU on April 14, 2025. The company had to suspend its launch in 2024 in the midst of increasing concerns of protection and regulators of EU data consumers.
Noyb was part of the confidentiality complaints to prevent Meta from training its AI models with the data of Europeans in June of last year.
In an official announcement, Facebook and the parent company of Instagram ensures that it has committed to EU regulators and its approach is in accordance with European laws.
More specifically, the company refers to an opinion issued by the EDPB in December, which provides a guide to help the Irish Data Protection Authority (DPA) to assess the use of legitimate interest as a legal basis for AI models.
How should Meta have a “legitimate interest” to suck all data for AI training?
Max Schrems, NOYB
However, according to Schrems, this is not enough to make the Meta training AI legally healthy.
He said: “As far as we have heard, Meta” engaged “with the authorities, but that did not lead to any” green light “. It seems that Meta simply advances and ignores the EU data protection authorities.”
Until now, only a German consumer protection group, the North Rhine-Westphalia Consumer Advice Center (VZNRW), has questioned Meta Ai’s legality and has published an official request to Meta to stop its training plans on AI in the EU. As Noyb notes, the National Data Protection Authorities (DPA) remained largely silent, despite the call of citizens to withdraw urgent from the Meta IA training.
For her part, Meta rejected the accusations of the VZNRW and warned that an injunction against the formation of Meta AI would harm both the German market and the EU.
What is the next step?
As mentioned, Meta should start to feed its AI models with all the publications and interactions of Instagram and Instagram account holders from May 27.
While Noyb has declared currently assessing its option to file an injunction or a collective appeal if Meta is following its plan, the group continues to assert that requesting user consent is the simplest solution to solve the RGPD problems around Meta AI training.
In the meantime, however, it is crucial that Meta User users undress if they do not want the company to start using their data for AI training. Indeed, as a Proton confidentiality office, the supplier behind one of the best VPN and encrypted VPN messaging applications, underlined in a LinkedIn article: “It is difficult to predict this data could be used in the future – better to be safe than sorry.”
To do this, you must connect to your account and fill out an objection form (a form for Facebook and one for Instagram). A reason to oppose is not required.
