Data protection law - Data protection officer takes a critical view of Facebook's paid subscription
The Hessian State Data Protection Commissioner Alexander Roßnagel has criticized the announced paid subscription for the ad-free use of Facebook and Instagram as a sham. In an interview with the German Press Agency in Wiesbaden, he said that the planned options did not meet the legal requirements.
Facebook parent company Meta had announced an ad-free version of the network for customers in Germany and elsewhere. The price for Facebook without advertising is to start at 9.99 euros per month. Those who accept personalized ads can continue to use the networks free of charge. With the paid subscriptions, Meta is responding to the changed data protection situation in Europe following court rulings and decisions by regulators.
"Facebook is not changing its data collection practices," criticized Roßnagel. Extensive user data would continue to be stored, even if you paid 9.99 euros. "You just won't be shown any more advertising." Facebook cannot or does not want to change its system to collect all user data and compile it into profiles, explained the data protection officer. "However, users are led to believe that they are not being tracked because they are paying." According to Roßnagel's assessment, the requirements from the court rulings are therefore not being met.
Even if consent has been given for use with advertising, the question remains: is the consent correct under data protection law? This is only the case if information is provided about the content of the consent and if it is voluntary, explained Roßnagel. The expert does not believe either of these conditions are met.
This means that the important information about the collection of data is not provided. Roßnagel also cannot recognize voluntariness. "If I have used Facebook in the past, I am virtually dependent on this infrastructure, I have my acquaintances, my friends, I may have work processes running on it," explained the data protection expert.
"That's why the blanket vote or consent is not one where you can express your free will, it's a basic decision, do I want to live with or without Facebook," said Roßnagel. That is too little for voluntariness.
"All Facebook users, whether as site operators or visitors, are still confronted with unlawful data processing," he criticized and advised restaurants or associations that maintain contact with customers or members via social media to switch to other networks such as Mastodon. In addition, it is now quite inexpensive to operate your own website.
When asked by dpa, Meta referred to a statement dated December 4, 2023, which states that user data is kept private and secure in accordance with its own guidelines and the EU's General Data Protection Regulation. "If a person chooses to subscribe, they will not see any advertising and we will not process their data for personalized advertising," the statement said.
Statement from Meta
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- In response to the changing data protection situation in Europe, Meta, the parent company of Facebook and Instagram, is introducing paid subscriptions for ad-free use in Germany and beyond, with prices starting at 9.99 euros per month.
- Criticizing this move, Hessian State Data Protection Commissioner Alexander Roßnagel in Wiesbaden stated that the planned options do not comply with the legal requirements set by data protection law.
- Despite the introduction of paid subscriptions, Roßnagel asserted that Facebook continues to collect extensive user data, contradicting the notion that users are no longer being tracked because they are paying.
- According to Roßnagel, the requirements of court rulings and decisions by regulators in Europe are not being met, as Facebook has not changed its data collection practices or system to collect and compile user data into profiles.
- Roßnagel also questioned the validity of user consent under data protection law, arguing that the important information about data collection is not provided and that voluntariness cannot be recognized due to users' dependency on the platform.
- With the continued unlawful data processing on Facebook, Roßnagel advised restaurants and associations maintaining contact with customers or members via social media to switch to other networks such as Mastodon or operate their own websites at an inexpensive cost.
Source: www.stern.de
