Goodwin Law - European Data Training

Training of Meta’s AI Systems and the Use of the European Users’ Data | Insights & Resources | Goodwin Insight 23 May 2025 Training of Meta’s AI Systems and the Use of the European Users’ Data 

 By Céline Moille View PDF Share 
 
 
 
 As of May 27, 2025 , Meta (Facebook and Instagram) will start using some of the personal data of European users to train its artificial intelligence (AI) systems, including tools such as Meta AI and Llama language models.

 Meta initially announced this initiative in 2024 but paused its implementation following discussions with the Irish Data Protection Commission (DPC) , which raised concerns about the legal basis and transparency of the proposed data use. The General Data Protection Regulation (GDPR), which was adopted by the European Union in 2016, has indeed led to more stringent regulations surrounding the use of user data for the training of artificial intelligence (AI) systems by technology companies such as Meta.

 Nevertheless, in order to develop its AI systems, for which optimal functionality is contingent upon comprehensive training and the utilization of a precise dataset, Meta was compelled to reach a compromise. This entailed the provision of an opt-out option for users for every account they have on the platforms and even for users who do not have an account.

 What Data Will Be Used?

 Meta plans to use both past and future data from adult users of Facebook and Instagram, including:

 
 Public posts (text, images, comments) made by adult users.

 Data from interactions with Meta's AI services , such as chat inputs in AI-powered tools, regardless of user age.

 
 The Objection of Data Use

 As Meta stated in the communication campaign that was sent to its users, objections to this data use can be made without having to provide any justification. Objections can be submitted by:

 
 Adjusting privacy settings to prevent content from being public.

 Filling out an opt-out form , available now for both platforms:

 
 
 Facebook Opt-Out Form 

 Instagram Opt-Out Form 

 
 This opt-out only covers content that the users have personally published. It does not apply to content where they appear but was posted by another user. However, Meta also provides a non-logged-in opt-out form, the Non-User Opt-Out Form for:

 
 Individuals without a Meta account , or

 To object to data processing for content shared about them by others:

 
 Regulatory Oversight and Concerns

 European data protection authorities are actively reviewing the legality of Meta’s planned data use, including:

 
 Whether the use of legitimate interest is an appropriate legal basis.

 The effectiveness of the opt-out process .

 Whether the original purpose of data collection aligns with AI training.

 How data from or about minors is being handled.

 
 Indeed, the primary concern regarding the efficacy of data privacy rights in the context of artificial intelligence (AI) pertains to the issue of irreversibility. While the right to obj

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