Meta changes ad targeting - but only in Europe

And it's already looking for ways around the ruling

Facebook users in Europe will be able to opt out of some of the highly targeted advertising on the platform starting next week, as Meta works to comply with an EU court order.

Sources have told The Wall Street Journal that European users will be able to opt out of the existing advertising system and instead opt in to a new, less targeted one.

Today, both Facebook and Instagram analyse not only the information on your profile but also the content you engage with - videos watched, photos liked, groups joined - to understand your interests. They then serve advertising based on that.

Legally iffy

Meta has in the past argued that this type of first-party data processing falls under the legal basis of 'contractual necessity', noting "It would be highly unusual for a social media service not to be tailored to the individual user."

However, it's never been clear if that is actually the case - especially in the EU, where the General Data Protection Regulation (GDPR) protects user privacy. The three multi-million dollar fines European regulators have levelled against Meta in the last year would suggest not, though.

It was that last fine, in December, where the European Data Protection Board (EDPB) ruled that Meta could not use European citizens' personal data for personalised advertising until the company provided an opt-in process that accords with the GDPR's requirements.

Although it still believes its previous method of processing complies with the GDPR, Meta is now changing the legal basis for data processing to 'legitimate interests'.

"This change ensures that we comply with [Irish regulator] the DPC's decision," it wrote.

Opt out, not in

The WSJ says Meta's radical new approach is to...continue doing what it's always done.

The difference is that people will now be able to opt out of the extreme targeting the company was previously using, and instead only see ads based on their profile information like their age range and location.

Criticism is already flooding in.

For starters, the option to opt out is not in the form of a simple and accessible 'Yes/No' button like Apple and Google use. Instead, users will have to fill out a form, accessible through the Help Centre, justifying their reasons for objection. Meta will then "evaluate" that form before making a decision.

This is certainly against the spirit of the GDPR, if not its exact wording.

Consumer rights group NOYB has already said it will file new complaints to stop Meta's attempts to bypass the EDPB's ruling. Other groups, including the Electronic Frontier Foundation and Fight for the Future, have also criticised the decision as "privacy in name only."

Computing says:

Meta is clearly trying to hold on to advertising dollars that are threatening to slip through its fingers, but public sentiment is just as clearly against this type of highly targeted tracking.

The company has a vested interest in its objections to the ruling. Even though it only affects users in the EU for now, it will highlight the lower privacy standards in other countries, and could certainly spread. That would be a massive hit to Meta's bottom line.

Long-term, we expect the ruling to be successful and for Meta - and other Big Tech firms - to abandon the practice of such extreme targeting, though it may take years.