The paid no-ads subscription service offered by Meta Platforms, which debuted in Europe this month, was put to the test in a major way on Tuesday when advocacy group NOYB filed a complaint with an Austrian regulator, claiming that the service amounted to paying a fee to ensure privacy.
Last month, Meta made the Facebook and Instagram service announcement. According to the statement, the action complies with EU regulations requiring users to have a choice regarding the collection and use of their data for targeted advertisements.
For Web users, the monthly fee for the ad-free service was 9.99 euros ($10.90), while iOS and Android users had to pay 12.99 euros. According to Meta, a subscription model complies with a July ruling from Europe’s highest court and is a legitimate form of consent for an advertising-funded service.
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There is a free, ad-supported option available to users.
The digital rights organization NOYB (None Of Your Business), based in Vienna and started by privacy activist Max Schrems, stated that it disagreed with Meta regarding the meaning of consent.
According to EU law, a user’s consent must be based on their true free will. In defiance of this legislation, Meta levies a ‘privacy fee’ of up to 250 euros annually on anyone who dared to exercise their fundamental right to data protection, according to a statement from Felix Mikolasch, a data protection attorney with NOYB.
The complaint was submitted by NOYB to the Austrian Data Protection Authority. It also criticized the fee’s amount.
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“Not only is the cost unacceptable, but industry numbers suggest that only 3 percent of people want to be tracked – while more than 99 percent don’t exercise their choice when faced with a ‘privacy fee’,” the organization stated. “If Meta gets away with this, competitors will soon follow in its footsteps.”
Meta stated: “The option for people to purchase a subscription for no ads balances the requirements of European regulators while giving users choice and allowing Meta to continue serving all people in the EU, EEA and Switzerland.”
A representative for Meta noted that the cost matched that of comparable subscription packages in Europe.
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A basic Netflix subscription plan costs 7.99 euros, while Spotify’s Premium service costs approximately 11 euros and Alphabet’s YouTube Premium costs roughly 12 euros.
NOYB, which has brought hundreds of complaints about privacy violations against major tech companies—from Google to Meta—urged the Austrian privacy authority to begin an expedited process to shut down Meta and levy fines.
Given that Meta is headquartered in Ireland, the Irish data protection watchdog that is in charge of the company will probably receive the complaint.
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