Facebook parent company Meta should not use a 'pay-or-okay' system, according to European privacy regulators. Under that system, anyone who does not want their personal data used for targeted advertising must pay to access the platform.
According to the EDPB, which brings together European privacy supervisors, the 'pay or okay' system is not a fair choice. By paying not to be tracked, privacy almost becomes a luxury, or so the thinking goes. “The models we have now force users to either give away all their data or pay. As a result, most users agree to process their data to use a service, but don't understand the full implications of that no choice,” says Anu Talus, chairman of the EDPB.
As far as the organization is concerned, users should be presented with a 'real choice', consisting of at least two free options, in addition to a paid one. In addition to an option in which users' data is processed, there should also be a free option in which users are only followed to a limited extent. With this option, less or even no personal data is processed. For example, displayed advertisements are contextual and match the content being viewed. Anyone who reads an article about cars will also see advertisements for cars.
The EDPB shares its position at the request of regulators in the Netherlands, Norway and Germany, who requested this after Meta introduced the subscription last year. Aleid Wolfsen, chairman of the Dutch privacy supervisory authority, the Dutch Data Protection Authority, is satisfied with the EDPB's position. “This position is crystal clear and helps responsible regulators to take decisive action if they see a violation,” he says in a statement from the AP. In addition to the privacy regulators, several European consumer associations also criticize the subscription model. They filed a complaint about the system last November, because they say the choice is 'misleading, unfair and aggressive'. In March this year, almost forty MEPs signed a letter calling on Meta to stop the 'pay-or-okay' model. “The right to privacy is not something to be bought,” the MEPs said. “Imposing a privacy tax not only discriminates, but also suggests that privacy and data protection are treated as commodities rather than fundamental rights.”