Overview

• On May 27, Meta started using public Facebook and Instagram content from German users who did not opt out by the May 26 deadline for its AI models
• The data set comprises public profile details, posts, comments and photos sourced without explicit user consent beyond the opt-out notice
• Users can still file opt-out requests via dedicated Facebook and Instagram forms to prevent future content from being used, but existing data remains in the models
• The European Data Protection Board and Ireland’s Data Protection Commission back Meta’s use of personal data under “legitimate interest,” while Germany’s federal data commissioner and the Bundeskartellamt criticize the process for lacking transparency
• Authorities and consumer advocates, including Louisa Specht-Riemenschneider and Andreas Mundt, are calling for clearer data-use policies, easier opt-out access and potential legislative changes to ensure informed consent