Meta Under Investigation in Spain for GDPR Violations
The National Court Prosecutor’s Office has initiated pre-trial proceedings to investigate whether Meta violated the rights of Facebook and Instagram users to personal data protection by using them to train its artificial intelligence. According to the public ministry, this investigation stems from the massive reception of communications by Facebook and Instagram users, warning them that their posts, photos, captions, messages, internet searches, and orders would be used by Meta.
Despite Meta’s decision to halt its plans to train language models with user posts in Europe, the Prosecutor’s Office now takes action concerning how users could object to the collection and use of personal data. The lack of transparency regarding this issue led to a complaint by the OCU to the Spanish Data Protection Agency. The Prosecutor aims to promote justice in defense of citizens’ fundamental right to personal data protection and the rights of consumers and users of information society services.
The Prosecutor has agreed to conduct proceedings with the Spanish Data Protection Agency regarding the referral of a report on administrative investigation actions. The Chief Prosecutor of the Court, Jesus Alonso, has signed this agreement, assigning the instruction of the proceedings to Prosecutor Manuel Campoy to verify the extent of Meta’s actions concerning the use of user data from Facebook and Instagram. In the opinion of the Prosecutor, the law on information society services and electronic commerce allows for the adoption of restrictive measures, including service interruption, for violations of consumer protection.
Defense of Data Protection The Prosecutor’s Office aims to defend citizens’ fundamental right to personal data protection and the rights of consumers and users of information society services. According to the same source, it has been agreed to carry out proceedings with the Spanish Data Protection Agency, regarding the submission of a report on administrative investigation actions. The Chief Prosecutor of the Court, Jesús Alonso, has signed this agreement, entrusting the instruction of the proceedings to Prosecutor Manuel Campoy, to order the necessary proceedings to verify the scope of Meta’s actions concerning the use of user data from Facebook and Instagram. According to the Prosecutor, the law on information society services and electronic commerce provides for the possibility of adopting restrictive measures (including interruption) to the provision of services that violate, among others, the protection of consumers or users who have the status of consumers or users.
The Prosecutor’s announcement comes days after the European Commission’s ruling against Meta’s consent or pay model. Brussels considers this model, which requires Facebook and Instagram users to pay to prevent the company from collecting and using their personal data, to be contrary to the Digital Services Act. Therefore, the EC announced that it will continue with the investigation opened against the social media giant until March 2025. Meanwhile, it expects Meta to provide an alternative solution to its advertising model.
Source: La Fiscalía investiga a Meta por el uso de datos personales de usuarios para entrenar su IA
