Meta, formerly known as Facebook, is facing privacy concerns with its upcoming app Threads, which is being touted as a potential rival to Twitter. Mandatory disclosures on iOS reveal that Threads may collect sensitive user information, including health and financial data, precise location, browsing history, contacts, and search history. This data collection raises questions about the app’s compliance with European Union (EU) regulations, as Meta’s previous legal basis for processing personal data was found unlawful. Furthermore, the EU’s top court has stated that Meta’s behavioral ads also require consent, adding to the legal uncertainty surrounding the app’s launch.
The EU’s General Data Protection Regulation (GDPR) imposes stricter requirements for processing sensitive information and bans the use of such data for advertising purposes. Meta’s current tracking and profiling practices, without providing users an upfront choice to deny tracking, may face challenges in the EU’s regulatory landscape. Additionally, Meta recently received an order to stop sending EU user data to the US, further emphasizing the need for compliance with GDPR requirements.
Despite its corporate rebranding to Meta, the developer has chosen to attach Threads to Instagram’s brand instead of explicitly presenting it as a Meta app. This strategic move aims to leverage Instagram’s large user base and engagement to quickly build a Threads user community.
Reports indicate that Threads will not launch in the EU at this point, citing legal uncertainty surrounding data use and compliance with upcoming regulations like the Digital Markets Act. While the Irish Data Protection Commission (DPC) clarified that it has not prevented Meta from launching Threads, the company appears cautious due to potential legal risks associated with the new regulations.
The launch of Threads in the UK is still planned for Thursday, as the country no longer falls under EU law after Brexit. However, the UK’s data protection regime is still derived from the GDPR, although the Information Commissioner’s Office (ICO) has been criticized for its limited action against surveillance advertising breaches. Meta may perceive lower legal risks in the UK compared to the EU.
Meta’s track record of facing substantial fines for GDPR breaches, combined with the potential for higher penalties under the Digital Markets Act, underscores the need for a significant shift in the company’s approach to user tracking and privacy. Compliance with EU regulations and ensuring user choice over tracking will be crucial for Meta’s success with Threads.
