- Austria-based digital rights group, NOYB, has sent a termination and relinquish letter to Meta over its AI training plans in the EU
- All public submissions and user interactions are set to feed Meta AI in the EU, starting from May 27, 2025, as an opt-out option
- Contrary to what Meta claims, NOYB argues
Austria-based digital rights group NOYB threatens Meta with an injunction of its AI education plans in the EU, arguing that these are not in accordance with the data protection law.
The large tech giant is set to feed its Meta AI models with all public positions and users’ interactions from May 27, 2025 as an opt-out option. This means that European Facebook and Instagram account holders must fill out an objection form before this date if they do not want any of their data to be used. Still, NOYB argues instead of asking for Opt-in Association instead per. GDPR rules.
The group led by privacy activist Max Schrems has already led a cessation and relinquish a letter against Meta on Wednesday, May 14 and asks the company to stop its current plans. An injunction and potential class actions may be the next steps if Meta AI education goes on as it stands, Schrems said – something that could lead to significant damage from affected users.
The legitimate interest conundrum
According to NOYB, the legal conundrum around Meta AI lies in how the social media giant plans to use the legitimate provision of interest laid down in Article 6 (2). 1 (f) of GDPR, which allows companies to collect and process users ‘data without freely given users’ consent.
Examples of legitimate interest include using people’s data to prevent false activities, process client data for customer service purposes or manage employee relations.
“The European Court of Justice has already established that Meta cannot demand a ‘legitimate interest’ in targeting users with advertising. How should it have a ‘legitimate interest’ to suck all data for AI training?” said Scherms, arguing that legitimate interest in Meta Ai is “neither legal nor necessary.”
In addition, companies are also obliged to carry out a multi -factor legitimate interest assessment to determine whether using this provision does not adversely affect the individual’s rights and freedoms.
However, NOYB claims that Meta AI education cannot comply with other GDPR rights, such as the right to be forgotten or the right to access their data afterwards. This is because once in an LLM database is very difficult (if not impossible) to retrieve the data.
When commenting on this, Schrems said, “Meta simply says its interest in making money is more important than its user’s rights.”
🚨 Today, NOYB has sent a cessation and relinquish a letter to Meta regarding its AI training plans in Europe. If Meta does not comply with the request, NOYB could submit an injunction -or start an EU class action in the future. All details 👇https: //t.co/vkxxdyfqo9May 14, 2025
Meta announced its intention to resume Meta AI training in the EU on April 14, 2025.
NOYB was among those who archived privacy complaints to prevent Meta from educating his AI models with European data back in June last year.
In an official announcement, Facebook and Instagram’s parent company ensures that it has dealt with EU regulators and its approach is in line with European laws.
Specifically, the company refers to an opinion issued by EDPB in December, providing a guide to helping the Irish Data Protection Authority (DPA) to assess the use of legitimate interest as a legal basis for AI models.
How should Meta have a ‘legitimate interest’ to suck all data for AI training?
MAX SCHREMS, NOYB
However, according to Schrems, this is not enough to make Meta AI training legal sound.
He said, “As far as we have heard, Meta has ‘committed’ with the authorities, but this has not led to any ‘green light’. It seems that Meta is simply moving on and ignoring the EU data protection authorities.”
So far, only one German consumer protection group, North Rhine-Westphalia Consumer Advice Center (VZNRW), has questioned Meta Ai’s legality and issued an official request to Meta to stop its AI training plans in the EU. As Neyb notes, the National Data Protection Authorities (DPAs) have largely remained silent, despite calling on citizens to opt out of opting out of Meta AI training.
In turn, Meta has dismissed Vznrw’s accusations and warned that an injunction against Meta’s AI education would harm both the German and the EU AI market.
What is the next?
As mentioned, Meta is set to start feeding its AI models with all EU Facebook and Instagram account owner’s posts and interactions from May 27.
While NOYB said that they are currently assessing their opportunity to file an injunction or class case if Meta goes through with its plan, the group continues to ask for users’ consent is the simplest solution to solve GDPR problems around Meta AI training.
In the meantime, however, it is important that Meta users in the EU opt out if they do not want the company to start using their data for AI training. This is because as a privacy company Proton, the provider behind one of the best VPN and encrypted E -Mail apps, pointed out in a LinkedIn post: “It is difficult to predict what this data can be used in the future -better to be safe than sorry.”
To do so, you must log into your account and fill out a purpose form (a Facebook form and one for Instagram). A reason to object is not required.
