Facebook has agreed to cease targeting advertisements at individual users based on personal data after a London-based woman filed a lawsuit against its parent company, Meta.
Tanya O’Carroll, a 37-year-old working in tech policy and human rights, believes this decision could pave the way for others who wish to prevent the social media giant from using their personal information for advertising purposes.
The UK’s Information Commissioner’s Office (ICO), the data protection watchdog, has previously stated that online targeted advertising should be classified as direct marketing.
In response to the legal challenge, Meta stated that it provides “robust settings and tools for users to control their data and advertising preferences.”
The legal challenge
Ms O’Carroll, who has had a Facebook account for nearly two decades, launched her lawsuit in 2022, demanding that Meta stop using her personal data to curate advertisements.
“I knew that this kind of predatory, invasive advertising is something that we all have a legal right to object to,” she told BBC Radio 4’s Today programme.
“I don’t think we should have to accept these unfair terms, where we are forced to consent to extensive data tracking and surveillance just to use a social media platform.”
Her concerns regarding Facebook’s targeted advertising intensified in 2017, when she realised she was pregnant.
“The adverts I was getting suddenly changed within weeks, showing lots of baby-related content—ads about pregnancy, parenting, and motherhood,” she explained.
She found the experience unsettling, especially as she had not yet shared the news with family and friends.
The role of GDPR and ICO’s ruling
The General Data Protection Regulation (GDPR) governs how organisations handle personal information across the UK and Europe.
Ms O’Carroll’s lawsuit was based on the argument that Facebook’s targeted advertising system should be classified under the UK’s definition of direct marketing, which would grant users the right to opt out.
Meta initially countered this claim, asserting that its advertising system did not qualify as direct marketing. The company stated that ads were only shown to groups of at least 100 people, rather than individuals, and therefore did not fall within the ICO’s classification of direct marketing.
However, the ICO disagreed.
A spokesperson for the ICO said: “Organisations must respect people’s choices about how their data is used. This means providing users with a clear way to opt out of their data being utilised for targeted advertising.”
A landmark decision
Following legal proceedings, Meta agreed to stop using Ms O’Carroll’s personal data for direct marketing purposes.
“In plain terms, this means I have been able to switch off all the creepy, invasive, targeted ads on Facebook,” she said.
Ms O’Carroll believes this settlement creates an opportunity for other users who want to exercise their right to privacy.
“If others wish to opt out of targeted advertising, I believe they now have a gateway to do so, knowing that the UK regulator will support them,” she said.
Meta’s response and future plans
Despite the legal settlement, Meta maintains that it disagrees with Ms O’Carroll’s claims.
A spokesperson for the company stated: “No business can be mandated to provide its services for free. Facebook and Instagram cost a significant amount to develop and maintain, and these services remain free for British consumers because of personalised advertising.”
The spokesperson added that personalised ads contribute to the British economy by helping businesses reach relevant customers, thus supporting employment and economic growth.
Meta also revealed that it is considering introducing an ad-free subscription model in the UK, similar to what it offers in most of Europe.
“We are exploring the option of offering a similar subscription service to UK users and will share further details in due course,” the spokesperson said.
What this means for Facebook users
Ms O’Carroll’s case highlights the growing concerns around privacy and the use of personal data for commercial purposes. While Meta has made an exception for her, it remains to be seen whether this will lead to broader policy changes affecting all users in the UK.
For now, users who wish to stop receiving targeted advertisements may need to follow Ms O’Carroll’s example and formally object under GDPR regulations.
As the debate over data privacy and online advertising intensifies, Meta’s approach to personal data in the UK may face further scrutiny from regulators and legal experts.