Skip to content
News · noyb - European Center for Digital Rights EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

Meta (Facebook, Instagram) switching to "Legitimate Interest" for Ads

Forced Consent & Consent Bypass Meta (Facebook, Instagram) switching to "Legitimate Interest" for ads after noyb win.

Full text

Forced Consent & Consent Bypass Meta (Facebook, Instagram) switching to "Legitimate Interest" for ads after noyb win. noyb will take immediate action to stop this illegal practice As reported by the Wall Street Journal, Meta (Facebook and Instagram) is switching from an illegal contract to an equally illegal basis "legitimate interests" for advertisement, after noyb won a series of complaints against them. noyb will take imminent action, as case law and guidance does not allow a company to argue that its interests in profits override the users' right to privacy. Background. The GDPR allows the processing of personal data if a company complies with at least one of the six legal basis in Article 6 GDPR. Most of these six options are irrelevant for advertisement. While most companies require users to consent ("opt-in") for the use of personal data for advertisement, Meta (Facebook and Instagram) has tried to bypass this requirement by arguing that the use of personal data for ads is "nece

How it connects

Peter Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy Lawful basis (in general): Subject to the exceptions permitted under Article 13 of the Data Protection Directive, all processing of personal data must comply, first, with the… CJEU Sep 27, 2017 Lawful Basis Legitimate Interest Personal Data
CJEU Google Spain: data subject may require search engine to remove links to outdated Legitimate interest balancing test: Legitimate interest requires balancing of the interest of the controller and third party with the interest of the data subject. In this… May 13, 2014 Personal Data Legitimate Interest Right to Rectification
CJEU Bavarian Lager: Disclosing personal data in access-to-documents requests is Processing: Communication of personal data in response to a request for access to documents constitutes processing. (¶69) Jun 29, 2010 Personal Data Legitimate Interest Right to Restriction
Guidelines 02/2024 Article 48 GDPR Article 48 GDPR provides that: ' Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to… Guidelines ·EDPB Jun 5, 2025 Controllers Privacy Shield International Transfer