Last month, Meta introduced a subscription plan allowing users in the European Union, European Economic Area, and Switzerland to enjoy an ad-free experience on Facebook and Instagram. However, this move has now encountered a challenge, as the advocacy group NOYB filed a complaint with the Austrian Data Protection Authority. The complaint argues that Meta’s subscription model essentially requires users to pay a fee for privacy protection, which may go against EU law requiring that user consent be genuine and freely given. NOYB’s data protection lawyer highlighted that Meta charges a “privacy fee” of up to 250 euros per year for users exercising their fundamental right to data protection.
The subscription, available for EUR 9.99 on the web and EUR 12.99 on iOS and Android, promises that the data of paying users will not be used for advertising purposes. NOYB not only criticized the fee but also pointed out that industry figures suggest only 3% of people want to be tracked, while more than 99% don’t exercise their choice when faced with a “privacy fee.” In response, a Meta spokesperson defended the pricing, stating that it aligns with similar subscription offerings in Europe and provides users with the option to purchase a subscription for an ad-free experience, meeting the requirements of European regulators.
The complaint is expected to be forwarded to the Irish data protection watchdog, as Meta’s European headquarters are located in Ireland. The outcome of this challenge could have implications for Meta’s subscription model and its approach to user privacy within the EU, EEA, and Switzerland.
