EU-28: Issued Advocate General's Opinion on processing and analysis of personal data for targeted advertising (Case C-446/21)

On 25 April 2024, the Advocate General (AG) delivered an opinion on case C-446/21, addressing the processing of personal data for targeted advertising under the General Data Protection Regulation (GDPR). The case, based on a preliminary reference filed to the Court of Justice by the Austrian Supreme Court, involved Meta Platforms Ireland and activist Maximilian Schrems, and questioned the legality of using personal data, specifically concerning sexual orientation, for personalised advertising. The Austrian Supreme Court seeks clarification on whether a network like Facebook may analyse all personal data available to it for the purpose of targeted advertising without time restriction. The information regarding the user's sexuality was made public in a panel discussion, but the individual in question never disclosed it on Facebook. The AG proposed that the GDPR precludes unrestricted processing of personal data for advertising purposes and emphasised the need for proportionality in data processing. The national court must assess the extent to which the data retention period and the amount of data processed are justified, having regard to the legitimate aim of processing those data for the purposes of personalised advertising. The AG suggests that the act of publicly discussing one's sexual orientation during an open panel may qualify as making such data manifestly public under the GDPR. However, this does not automatically authorise its use for personalised advertising. This opinion, while not binding, guides the Court in its deliberations on ensuring data protection compliance by platform intermediaries in the European Union.