Meta settles UK ‘right to object to ad-tracking’ lawsuit by agreeing not to track plaintiff

Tanya O’Carroll, a human rights campaigner, has successfully compelled social media giant Meta to refrain from using her data for targeted advertising. This agreement was reached as part of a settlement to an individual challenge she initiated against Meta’s tracking and profiling practices in 2022.

O’Carroll’s argument was based on the legal right to object to the use of personal data for direct marketing, as outlined in U.K. (and E.U.) data protection laws. She contended that Meta should honor her objection and cease tracking and profiling her for microtargeted ads if she opposes it.

Meta disputed this claim, stating that its “personalized ads” do not constitute direct marketing. The case was scheduled to be heard in the English High Court, but the settlement has brought an end to the legal proceedings.

For O’Carroll, this marks a personal victory as Meta is now required to discontinue using her data for ad targeting when she uses its services. She believes that this settlement sets a precedent for others to assert their right to object to direct marketing and compel tech giants to respect their privacy.

In a statement to DailyTech, O’Carroll expressed that she had little choice but to accept the settlement once Meta agreed to cease processing her data for targeted ads. She highlighted the significance of proving that targeted advertising falls under the category of direct marketing.

While the E.U. has robust legal protections for individuals’ data, enforcing these laws against surveillance-based ad models like Meta’s has been a challenging task. O’Carroll’s case underscores the ongoing struggle to hold tech companies accountable for privacy violations.

Despite facing regulatory hurdles and fines, Meta’s surveillance business model remains largely unchanged. However, O’Carroll’s case demonstrates that push-back against privacy infringements is achievable.

Moving forward, O’Carroll anticipates that Meta may adopt a “pay or consent” model in the U.K., similar to its approach in the EU. This model requires users to either consent to tracking or pay for ad-free services.

O’Carroll disclosed that Meta will provide her with tracking-free access without any additional cost. This outcome signifies a step towards greater privacy protection for users.