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North Rhine-Westphalia: LDI NRW clarifies the right to object to Meta using personal data for AI training

On June 13, 2024, the North Rhine-Westphalia State Commissioner for Data Protection and Freedom of Information (LDI NRW) published a press release on the right to object to Meta using data to train its new artificial intelligence (AI) functions.

The LDI NRW clarified that:

  • all posts, photos, and their captions, as well as messages, excluding private messages, that users send to Meta AI are recorded;
  • Meta uses the legal basis of legitimate interest, and it remains unclear if consent should be used instead;
  • once an AI has been trained with data, this cannot be reversed; and
  • the European data protection supervisory authorities are already checking whether Meta's approach is legal. The Irish supervisory authority is in charge.

The LDI NRW further advised users who do not want their data to be used for AI purposes to object by June 26, 2024:

  • for users, the objection can be made in the settings on the profile page on Facebook or Instagram under the item 'Data Protection Policy' or by following the instructions received in the Meta notification; and
  • for those who do not have an account, since Meta also uses data from third-party providers that the company purchases in order to train its AI models, the objection can be made using an online form.

You can read the press release, only available in German, here and access the online form here.