Fees for Facebook and Instagram challenged. "It's pathetic how Meta ignores the law"

The European Center for Digital Rights has sued Facebook and Instagram's subscription service in the Austrian data protection office. The organization argues that Meta in this way creates an illusion of data protection choice and makes users pay for their basic right to privacy.

Fees for Facebook and Instagram challenged.
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Summary

  • Meta has launched a paid, ad-free subscription for Facebook and Instagram to circumvent new EU regulations. Users who opt for free access must agree to data tracking, forfeiting their privacy rights.
  • The European Center for Digital Rights (noyb) has contested this policy, arguing that Meta's "privacy fee" of up to 250 euros a year violates EU law, which mandates user consent to be a free choice.
  • The ad-free subscription costs 9.99 euros per month on a web browser or 12.99 euros on an app, with an additional 6 or 8 euros per month for each extra account.
  • Noyb's founder, Max Schrems, points out that the subscription cost is disproportionate to Meta's average annual revenue per user in Europe, which is 62.88 euros. Users of both Facebook and Instagram are particularly burdened, having to pay over 250 euros a year.
  • Noyb warns that the subscription system could put over 20% of EU residents at risk of poverty. The organization has filed a complaint with the Austrian data protection authority, demanding that Meta stop illegal data processing and face a fine.
  • If Meta's approach is successful, it could trigger a domino effect, with other social platforms potentially charging a "fee for using basic rights". This could result in costs of several thousand euros a year for average app users.
  • According to Google, the average person has 35 apps on their smartphone. If all these apps charged a similar fee, the annual cost could reach 8815.80 euros per person or 35263.20 euros for a family of four, exceeding the average full-time income in the EU.

Meta has introduced a paid subscription without ads on Facebook and Instagram to avoid new European Union regulations. However, users who do not want to use free access to the services must consent to their data being tracked, which means giving up their right to privacy. This policy has been challenged by the European Center for Digital Rights (noyb), an Austrian non-governmental organization dealing with online privacy.

"EU law requires that consent be the true free will of the user. Contrary to this law, Meta charges a "privacy fee" of up to 250 euros a year if someone wants to exercise their basic right to data protection," argues in a press release Felix Mikolasch, data protection lawyer at noyb.

Instagram and Facebook subscription: disproportionate cost of the fee

The new ad-free subscription is priced by Meta at 9.99 euros per month in a web browser or 12.99 euros in an app for iOS or Android systems. Users also have to pay an additional 6 or 8 euros per month for each additional account. 

Max Schrems, founder and president of the noyb organization, refers to a Meta report, which shows that from the third quarter of 2022 to the third quarter of 2023, the average revenue per user in Europe was 16.79 euros, which gives an annual revenue of 62.88 euros per person. Particularly burdensome are the additional fees for people using both Facebook and Instagram, who have to pay over 250 euros a year.

Noyb warns that over 20% of European Union residents are at risk of poverty due to the introduced system, emphasizing that the cost of subscription is "very disproportionate" compared to the profits the company makes from tracking user behavior. 

- When 3 percent of people actually want to swim, and the rest end up in the water, every child knows that it was not a "free" choice. It is neither wise nor legal - it's just pathetic how Meta continues to ignore EU law - adds Max Schrems.

Instagram and Facebook subscription: domino effect

"If Meta succeeds in defending this new approach, it will likely trigger a domino effect. TikTok is already reportedly testing an ad-free subscription outside the United States" - add the noyb representative in a press release.

If other social platforms went in a similar direction, European Union citizens would be obliged to pay a "fee for using basic rights", which could even reach several thousand euros a year for people using an average number of installed apps on their phone.

- According to Google, the average person has 35 apps installed on their smartphone. If all these apps followed in Meta's footsteps and charged a similar fee, people would have to pay 8815.80 euros a year. For a family of four, the price of data privacy would rise to 35263.20 euros, an amount greater than the average full-time income in the EU - comments Schrems.

Noyb has committed to fight and has already filed a complaint with the Austrian data protection authority, demanding that Meta stop the illegal processing of data and impose a fine. The organization claims that most users do not want their data to be used for personalized ads, and many of them agree to tracking only when they have to pay for services.