Germany: Adopted LDI note regarding Meta's use of users' photos and posts for AI services training and development

On 13 June 2024, the State Commissioner for Data Protection of North Rhine-Westphalia (LDI) adopted its note regarding Meta's use of users' photos and posts for AI services training and development. Meta is planning to use data from Facebook and Instagram users to train its new AI functions, starting at the end of June. This includes posts, photos, captions, and messages sent to Meta AI but excludes private messages. Users who do not want their data used must opt out by 26 June 2024. The legality of this process is under review by European data protection authorities, with the Irish authority being the lead competent authority, based on Meta’s main establishment in the EU. The LDI advises users to object if they do not consent to their data being used for AI purposes. To opt-out, users can go to the "Privacy Policy" section in their profile settings on Facebook or Instagram or follow instructions in notifications from Meta. Users need to fill in a free text field in the opt-out form, stating their desire to protect their data. Non-account holders can also opt-out if Meta uses their data from third-party sources for AI training without needing a Meta account.