Tanya O'Carll against Meta: A sentence against advertising on Facebook

Tanya O'Carlla resident of London who works in the technological policies and human rights sector, has achieved that Goal stop using your personal data to show you advertising directed on Facebook. This agreement has been produced as a resolution to the individual demand filed by O'Carroll against the technological in 2022.

Case dissection

O'Carll explained that it was in 2017 When he realized the level of knowledge that Facebook had about his private information and how he took advantage of it to show him ads that fell to his profile. Then I was pregnant And although he had not yet communicated to his intimate circle, The platform quickly determined its status and began to vary the content it showedwhich became ads about pregnancies, babies and maternity.

Subsequently, In 2022 he filed a demand against goal in which he requested that the platform stop using his personal data to show directed ads. O'Carel wielded that the Facebook directed advertising system fit the definition of what is “direct marketing” in the United Kingdom. And it is that in the United Kingdom Data Protection Law (based on the EU GDPR), it is contemplated as Legal Law he oppose the use of personal data for direct marketing actions.

«I knew that this type of predatory and invasive advertising is something that we all have a legal right to oppose… I don't think we should accept these unfair conditions in which we consent to all that follow -up and invasive data surveillance, ”O'Carll explained in the BBC Radio 4 program.

For its part, The ICO (Information Commissioner's Office), Data Control Agency of the United Kingdom, supported O'Carll's positionratifying that online advertising should be considered direct marketing. «Organizations must respect people's decisions on how their data is used. This implies offering users a clear way to oppose their data being used in this way ».

As to GoalThe company said that its platform already provides solid configurations and tools so that users and users can control their advertising data and preferences. In addition, the technological giant He tried to shield himself by stating that Facebook ads can only go to groups of at least 100 peopleand not to concrete individuals, so they did not consider it direct marketing. However, ICO did not agree with the goal argument.

Finally, Meta has yielded and will not process the applicant's data to carry out directed advertising. Which has happened just a few days after a view of the case was carried out in the Superior Court of England. For O'Carll, This individual victory can sit precedents and invites people to enforce their rights, just as she has done.

Goal could apply the measures that already activated in the EU

This case leads us to reflect on the power we give to social platforms without questioning and a previous real meditation. The giants establish their rules and give us two options “accept” or “reject.” If you mark the first one you have access to the social and entertainment space that your entire circle enjoys, if you do not prepare to be a victim of the FOMO.

It should be noted that, In the European Union, we have a larger security layer In this regard thanks to regulations such as RGPD (General Data Protection Regulation) or the Dma (Digital Markets Law). Laws that have earned him more than one sanction to the technological giant. However, Meta resists abandoning his great power. We could see this in the case of your plan without ads for the EU.

In November 2023, Meta launched payment plan for Instagram and Facebook In the European Union. This was the company's response to adapt to the new parameters related to the collection of data and privacy of the users established in The DSA.

However, the European Commission determined that this model of “payment or consent” violated the DMA, since Limited the right of users to present a free consent so that their data were tracked for advertising purposes.

Finally, in November 2024, Meta gave up the EU pressures. The company reduced the prices of its payment plan without ads and added a New free option of “less customized ads”in which much less data are used to filter advertising.

Now it is speculated that Target could choose to apply this same system system to users and users of their social networks In the United Kingdomfollowing the O'Carll case.

Photo: GPT4