Background information
The new Swiss data protection law – what you need to know
by Florian Bodoky
Meta has updated its terms of use. The company now wants to use your posts, photos and videos to train its AI models. If you live in Europe, you can object to this – even in Switzerland.
If you have an Insta or Facebook account, then an e-mail should’ve fluttered into your inbox on Saturday. In three lines, Meta explains that they’re updating their privacy policy because they’re «expanding their AI».
As you can see, Meta is selling this approach as beneficial to you. You’ll apparently be able to enjoy «new features and experiences». That may well be true. However, Meta explains when, how and for what purpose your data is used in very vague terms.
Things only become clear in the terms of use. The company is just as casual and vague about your right to object and the consequences of this.
However, the e-mail doesn’t contain a call to action – i.e. information on how and where you can lodge your objection. I’m guessing Meta hopes that the whole thing will simply be ignored.
Meta is in a race against the other tech giants Microsoft, OpenAI, Google and so on. Who will release the best AI the soonest? And earn money with it, of course. For some large companies, success is existential in the medium term. Fellow editor Samuel Buchmann explains this in more detail here.
Artificial intelligence learns from the data you feed it. This is why Meta wants to use its rich pool of data, which the company draws primarily from Facebook and Instagram. In other words, Meta now wants to use your texts, images and videos to make its AI better. Meta explains this in more detail here.
Meta claims that this new privacy policy is based on the legal basis of legitimate interest. As it turns out, the General Data Protection Regulation (Article 6) of the EU, as well as the revised Data Protection Act of Switzerland (Article 31) both include reasons why Meta actually can do this. However, you have the right to object if you live in Switzerland or the EU.
As Meta correctly states in its e-mail, you have the right to object. However, Meta also puts this into perspective. As the e-mail puts it:
«This means that you have the right to object to how your information is used for these purposes. If your objection is honoured, it will be applied from then on.»
But things are really much more detailed. You can prohibit Meta from using your data for AI training purposes – even if you use Facebook and Instagram. Meta has no choice in the matter: if you live in Switzerland or the European Union, this objection must be upheld.
In the EU, you’ll find the corresponding passage in the General Data Protection Regulation (GDPR), Article 21. The right to object in Switzerland is regulated in the revised Data Protection Act (revDSG), specifically Article 30.
Here’s what to do if you don’t want Meta’s AI to be fed with your data.
You can find the objection form here.
Alternatively, you can find it manually – Meta hides it very well, however:
Meta will ask whether your request relates to AI at Meta. Tap Yes.
Now you can fill out the form. Select your country of residence, then enter your e-mail address. This has to be the e-mail address you entered when you registered your Insta account.
Now comes the objection, in the field labelled «Please tell us how this processing impacts you». There, enter: «I have the copyright to my uploaded data and do not grant the right of use for AI applications.»
Click Submit.
You can also find the corresponding form on Facebook via this link.
To find it manually:
Go to your Profile.
Click on your profile photo (or in the app, on the three horizontal lines).
Select Settings and privacy, then Settings.
Scroll down to Privacy policy and click on the Object link.
Meta will ask whether your request relates to AI at Meta. Tap Yes.
Now you can fill out the form. Select your country of residence, then enter your e-mail address. This has to be the e-mail address you entered when you registered your Facebook account.
Now comes the objection, in the field labelled «Please tell us how this processing impacts you». There, enter: «I have the copyright to my uploaded data and do not grant the right of use for AI applications.»
Click Submit.
Rejections may also occur in individual cases. As a rule, these will be technical errors. Simply repeat the above process. If the objection is rejected again, you can find out the reasons for this here.
Data collection in Europe starts on 26 June – if you have an approved objection before then, you’ll be safe, by and large. Unfortunately, Meta won’t be prevented from using data from other accounts after then. So if someone in your circle of friends has uploaded a picture, posts or video of you, without having objected to the new use, Meta may use it.
Nevertheless, there’s a special form for these cases too, which you can use to take action.
I've been tinkering with digital networks ever since I found out how to activate both telephone channels on the ISDN card for greater bandwidth. As for the analogue variety, I've been doing that since I learned to talk. Though Winterthur is my adoptive home city, my heart still bleeds red and blue.