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this post was submitted on 14 Nov 2023
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I would love for FB to be smacked down hard by the EU, but isn’t this just the inclusion of a new option that didn’t exist before, I.e. the subscription? If you push the right button, isn’t that the status quo that you’ve been using all along without any other option? I don’t understand how giving more options is more coercive than before.
no, ever since 2018 when the gdpr actually went into effect, they had to allow users to opt out of data processing individually for different purposes. like, if you want to allow facebook to process your data for improving their site but not for marketing purposes, you need to be able to set that, and facebook needs to respect that. as such, you had the option to use the site without "paying for it with your data" at all.
and if that's not a viable business model and they need to charge a subscription fee, that's alright. there's nothing in the gdpr that says you cannot charge for services. the problematic part here is that they do provide a free service but only if you consent to data processing. like i said, i'm not a lawyer, but i'm pretty sure that's illegal, and it absolutely should be illegal. if they decide to provide a free tier (or a paid tier for that matter), it needs to be available even if you don't consent for unrelated data processing. they're not obligated to provide anything, but if they do provide something, they cannot discriminate against users who don't want to share their data.
that's the problematic bit here. privacy cannot be a premium feature. facebook is trying to charge for something here that should be available to all users, whether or not the underlying product is freely available or not.