An adviser to the European Union’s top court has recommended that Meta Platforms Inc.’s Facebook should be prohibited from using public information regarding users’ sexual orientation for targeted advertising, citing the bloc’s stringent data protection laws.
The opinion comes in a case involving privacy activist Max Schrems, who has a history of challenging Facebook’s data practices. Advocate General Athanasios Rantos of the EU’s Court of Justice suggested that even publicly available data on sexual orientation should be shielded from exploitation for personalized advertising purposes.
Katharina Raabe-Stuppnig, a lawyer representing Schrems, stated, “Just because some information is public, does not mean it can be used for any other purposes.” She warned that allowing unrestricted use of public information could have a chilling effect on free speech.
A Meta spokesperson referred to an earlier statement clarifying that Facebook “does not use sensitive data that users provide us to personalize ads.”
Rantos also recommended that GDPR should prohibit the processing of personal data for targeted advertising without a time limit. Additionally, judges should assess whether Facebook’s retention of personal data for personalized ads is proportional.
This latest opinion adds to the mounting scrutiny Facebook faces in the EU over its tracking of users’ online activities and smartphone app usage for targeted advertising, under the bloc’s recently implemented rules.
The court’s final ruling, which will be binding, is expected within the next few months. The case number for this matter is C-446/21.