A human rights campaigner, Tanya O’Carroll, has managed to compel social media giant Meta to refrain from utilizing her data for targeted advertising. This resolution is part of a settlement stemming from an individual challenge she brought against Meta’s tracking and profiling practices back in 2022.
O’Carroll contended that under U.K. (and E.U.) data protection law, individuals have a legal right to object to the use of their personal data for direct marketing. This includes a clear right for personal data to cease processing for such purposes upon objection, leading O’Carroll to argue that Meta must honor her objection and cease tracking and profiling for its microtargeted ads.
Meta disputed this claim by asserting that its “personalized ads” do not constitute direct marketing. The case was scheduled to be heard in the English High Court on Monday, but the settlement has brought an end to the legal proceedings.
For O’Carroll, this marks a personal victory: Meta is now required to refrain from using her data for ad targeting when she utilizes its services. She believes that this settlement establishes a precedent empowering others to confidently exercise their right to object to direct marketing, compelling tech giants like Meta to respect their privacy.
In discussing the outcome with TechCrunch, O’Carroll explained that she felt compelled to agree to the settlement once Meta agreed to her demands in the legal action (to not process her data for targeted ads). Proceeding with litigation and failing could have led to significant costs, she stated.
While the E.U. has strong legal protections for individuals’ data, such as the General Data Protection Regulation (GDPR) that O’Carroll’s challenge was based on, enforcing these laws against surveillance-driven ad models like Meta’s has proved to be challenging. Despite Meta facing GDPR fines, its consentless surveillance business model has been difficult to change. However, O’Carroll’s case shows that pushing back on privacy violations is achievable.
O’Carroll also noted that the U.K.’s Information Commissioner’s Office supported her case, indicating that other users objecting to Meta’s data processing may receive similar support if Meta rejects their requests. She anticipates Meta moving towards a “pay or consent” model in the U.K., as seen in the E.U., where users must consent to tracking or pay for ad-free services.
While O’Carroll cannot disclose the full details of the tracking-free access Meta will offer in her case, she confirmed that she will not have to pay for it.
