After agreeing to a landmark privacy case payment that could set precedent for millions of social media users, the owners of Facebook and Instagram have agreed to stop targeting UK citizens with personalized ads.
Mark Zuckerberg's Meta said he is considering charging UK users for an ad-free version of the platform after a legal agreement that avoided trial in London's High Court.
Human rights activist Tanya O'Carroll launched a lawsuit against the 1.5 tonne (£1.2tn) company in 2022. This alleges that Facebook violated UK data law by respecting its right to halt its collection and processing of data in order to target it with advertising. Her stance is supported by the UK Data Watchdog, indicating that the case sets precedent for millions of UK online platform users.
O'Carroll said that support from the Information Committee (ICO) means that Meta and its advertising-based business model “will be on the wall.”
“It's an individual settlement, but I think the impact is far beyond me,” O'Carroll said. “A key factor is the UK Data Protection Agency, which has publicly stated that it supports my case and supports UK people who want to exercise their rights to oppose online targeted advertising. Beyond the life of this case, I think the text wants a surveillance advertising option and wants to make it an accurate object.”
On Friday, both sides settled the lawsuit and O'Calol claimed “winning” after Meta promised to stop targeting her with bespoke ads using her personal data. O'Carroll's argument is supported by the ICO, saying “people have a right to oppose the personal information used directly for marketing.”
The ICO added that users will need to use “opt-out” from their data to create targeted ads. “Organisations need to respect people's choices regarding how they use their data, which means giving users a way to explicitly opt out of the data being used in this way.”
O'Carroll said the ICO verdict revealed by the regulator in its high court filing could pave the way for similar litigation.
“This settlement is not just a victory for me, but for everyone who values fundamental rights to privacy,” O'Carroll said. “None of us signed up to be trapped in decades of surveillance ads.
Meta said he “fundamentally” opposed O'Carroll's claims and took that obligation seriously under the UK's privacy law GDPR. It was weighing the options to implement subscription services in the UK, which meant users would pay for ad-free services. Advertising accounts for approximately 98% of Meta's revenue.
“We are exploring the option to offer subscriptions to UK-based people and will soon share more information,” Meta said.
Last year, the ICO said it was considering how UK data protection laws apply to ad-free subscription services.
Commenting on the case, former British Attorney General Dominique Greave said: “Large tech companies should not go beyond the law. If a company like Meta wants to operate in the UK, they should be instructed to follow the same legal standards as everyone else.
Meta already offers unpaid services in the EU Decisions for 2023 By the European Court of Justice in the EU.
