Austrian privacy nonprofit NOYB (none of your business) is threatening the company in class action lawsuits if it is proceeding with plans to train users’ data to train artificial intelligence (AI) models without explicit opt-in.
The move comes after the social media giant announced plans to train AI models using public data shared by Facebook and Instagram adults from May 27, 2025, and suspended efforts from May 27, 2024 with concerns raised by Irish data protection authorities.
“Instead of asking consumers to opt-in consent, Meta relies on suspicion of “legitimate interest” by simply sucking up all user data,” Noyb said in a statement. “Meta could face significant legal risks just because it relies on “opt-out” instead of the “opt-in” system of AI training. ”
Advocacy groups further argued that MetaAI does not comply with the Region’s General Data Protection Regulations (GDPR) and that it has a “legitimate interest” in obtaining user data for AI training, as well as limiting its right to opt-out before training begins.
Noyb also pointed out that even if 10% of Meta users expressly agree to hand over the data for this purpose, it would be a sufficient data point to learn the EU language.
It is worth pointing out that Meta had previously argued that it was necessary to gather this information and grasp the diverse language, geography and cultural references of the region.
“Meta will start a big fight just to have an opt-out system instead of an opt-in system,” said Max Schrems of Noyb. “Instead, they rely on suspicions that are considered “legitimate interests” just to retrieve the data and do it. This is not legal or necessary. ”
“Meta’s absurd claim that AI training requires stealing everyone’s personal data makes me laugh. Other AI providers don’t use social network data and generate models that are even better than meta.”
The Privacy Group also accused the company of moving forward with its plans by holding users accountable, noting that national data protection authorities are largely silent on the legality of AI training without their consent.
“So it appears that Meta has just moved on anyway. It takes another major legal risk in the EU and tramples on users’ rights,” added Neub.
In a statement shared with Reuters, Meta rejected NOYB’s argument, stating that it was wrong about the facts and the law, and that it offered EU users a “clear” option to oppose the data being processed for AI training.
This is not the first time that meta’s reliance on GDPR’s “legitimate interest” to collect data without explicit opt-in consent has been scrutinized. In August 2023, we agreed to change our legal basis from “legitimate interests” to a consent-based approach to processing user data to provide targeted advertising to local people.
This disclosure would be illegal by governing the framework of transparency and consent used by the Belgian Court of Appeals to obtain consent to data processing for personalized advertising purposes, citing violations of some of the principles of the GDPR Act.
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