Meta, the parent company of Facebook and Instagram, has been collecting public photos and posts from Australian users to train its artificial intelligence (AI) models, without offering an option to opt out. This data scraping, which began in 2007, applies to any public post unless the user had specifically set their posts to private.
The issue surfaced during a parliamentary inquiry into AI adoption in Australia, where Meta’s global privacy director, Melinda Claybaugh, faced questions from Australian lawmakers.
Australians Denied Opt-Out Option Given to EU Users
At the inquiry, Claybaugh confirmed that Australians do not have the option to opt out of this data collection, unlike users in the European Union.
In the EU, Meta had to offer users an opt-out option following the introduction of the General Data Protection Regulation (GDPR), a legal framework that governs data privacy in the bloc. Meta has paused the release of its AI product in Europe due to ongoing legal challenges related to the GDPR and the use of personal data for AI training. EU users were notified that their data would be collected unless they explicitly opted out.
Claybaugh explained that the data scraping involves:
- Public posts: Only posts that were made public by users are included in the data collection.
- Users over 18: The data collection applies only to public posts from users aged 18 and above.
- Minors’ data: Although Meta does not scrape data from accounts belonging to minors, it still collects information about minors if their photos or details are posted on their parents’ or guardians’ public accounts.
The scope of this data collection has raised concerns, particularly because Australians have not been provided with the same data protection rights as Europeans. When pressed on whether Australians would be given an opt-out option in the future, Claybaugh did not provide a clear answer, stating that the option available in Europe is a response to a “specific legal frame” related to the GDPR.
Senator Tony Sheldon, chair of the inquiry, directly questioned why Australians were excluded from this opt-out option. He expressed his personal frustration with not being able to prevent his own data from being used to train Meta’s AI models. He also emphasized that many Australians were likely unaware that their public posts on Facebook and Instagram had been subject to data scraping for AI purposes. Sheldon’s concerns were echoed by Greens senator David Shoebridge, who pointed out that unless Australians had made a deliberate choice to set their posts to private since 2007, all public posts would have been collected by Meta.
Shoebridge highlighted that Australians would need to review and change their privacy settings for posts dating back to the start of their Facebook or Instagram usage in order to prevent future data collection. While Claybaugh acknowledged that users can make their posts private going forward, this would not reverse the scraping of data that has already taken place over the years. Shoebridge criticized Meta’s approach, stating that the company has unilaterally decided to scrape data from public posts unless users acted otherwise.
Government Urged to Act on Privacy Laws
The inquiry also addressed concerns about the exploitation of personal data, with millions of Australians affected by Meta’s data practices. Sheldon pointed out that these users have not given explicit consent for their photos, videos, or records of their lives to be used for AI training. He called on the government to take action, stating that the public is growing increasingly frustrated with tech companies bypassing privacy rights and regulations.
In the European Union, where the GDPR enforces strict data protection laws, Meta has been forced to stop collecting data for AI training from users who have opted out. However, the same protections have not been extended to Australians. The lack of transparency and accountability from Meta regarding the future of data collection in Australia has left many concerned about the privacy implications of AI development. Senator Shoebridge remarked that the Australian government’s failure to implement similar privacy laws to those in Europe has allowed companies like Meta to continue exploiting Australians’ personal data.
Meta’s decision to exclude Australians from the opt-out option provided to Europeans has drawn sharp criticism from both lawmakers and privacy advocates.
Featured Image courtesy of GONZALO FUENTES/REUTERS
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