Big fines in 2022
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Meta was hit with large GDPR-related fines in 2022: the Irish Data Protection Commission (DPC) fined Meta €405 million in September for Instagram’s handling of children’s data, and €265 million in November for Facebook user-data scraping.
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In fact, Meta paid over 80% of all GDPR fines in the EU for 2022.
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“GDPR fines in 2022 totalled €832 m … the majority of the penalties were paid by Meta.”
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AI & EU data-training tensions
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Meta has faced major scrutiny over plans to train its AI models using user data from Facebook and Instagram in the EU/EEA.
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Advocacy group NOYB (None of Your Business) has sent cease-&-desist letters and initiated complaints arguing Meta is using European data without valid legal basis (such as explicit consent) under GDPR.
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In June 2024, the DPC reportedly accepted that Meta would pause certain AI training plans using EU/EEA user data.
Key regulatory arguments
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A main issue: Meta’s reliance on the “legitimate interest” basis under Article 6(1)(f) of GDPR vs. needing explicit consent for large-scale AI training from user data.
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Concerns include: inability for users to withdraw data once used in a model, whether sensitive data might be included, transparency of data-use, and whether opting-out (vs opting-in) is sufficient.
What’s unclear or missing (and what “Seer” might refer to)
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I couldn’t find a publicly documented product or model from Meta called “Seer” in the context of “Facebook AI Seer EU GDPRgershgorn One Zero – 2022”. If “Seer” refers to a tool, project, or internal AI system, it isn’t widely cited in press/data that I found.
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The phrase “GDPRgershgorn One Zero” doesn’t appear in credible sources; it may be a typo, internal codename, mis-spelling or mis-rendering.
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If you meant “Seer” as in a third-party tool or a different organisation using Facebook data (under EU GDPR), I found a company named Seers AI (cookie-consent/compliance tool) but that seems unrelated to Meta’s AI training.
Why this matters & implications
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The large-scale fines and regulatory push-back signal that big-tech’s use of European user-data (especially for AI/ML) is under intense regulatory scrutiny.
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For users in the EU, it means more rights (access, erasure, objecting to processing) may be enforced more strictly when data is used to train AI models.
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For companies like Meta, the cost is significant—not just in fines but in business-model constraints (e.g., training models without EU data may make their product “second-rate” in their view).
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The regulatory landscape is evolving: combining GDPR with the upcoming AI Act, Digital Services Act (DSA), and Digital Markets Act (DMA) means the rules for AI + data are becoming stricter.
My take & next steps
If I were you (and you wanted to dig deeper), here’s what I’d suggest:
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Clarify exactly what “Seer” refers to: is it a Meta product? A codename? Another company?
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Look up the DPC’s decisions on Meta from 2022: those fines & compliance orders give strong context.
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Check Meta’s public privacy centre/blog posts around 2022-2025 about AI-training and EU data to see when they acknowledged changes in policy.
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If you’re analyzing from a compliance/legal viewpoint: evaluate how Meta’s use of EU user data for training tracks with GDPR’s provisions on consent, legitimate interest, data minimisation, transparency and purpose limitation.
Introduction to SEER AI
What is SEER?
Facebook’s SEER (Self-Supervised Efficient Representation Learning) is an AI model designed to analyze and understand visual content, particularly images, using self-supervised learning techniques. It was trained on a massive dataset of publicly available Instagram images to recognize patterns and features without explicit human labeling.
Purpose and Capabilities
SEER aims to enhance image recognition for applications like content moderation and accessibility. By learning from vast amounts of data, it can identify objects, scenes, and contexts in images, improving Facebook’s ability to manage its platforms efficiently.
GDPR and Data Privacy Concerns
Overview of GDPR
The General Data Protection Regulation (GDPR), effective since May 25, 2018, is the EU’s comprehensive data protection law. It mandates strict rules for processing personal data, requiring transparency, consent, and robust safeguards for EU citizens’ data. Non-compliance can lead to fines up to 4% of annual global turnover.
Data Privacy Challenges with AI
Training AI models like SEER involves processing large datasets, which may include personal data such as user-uploaded images. GDPR requires a legal basis for such processing (e.g., consent or legitimate interest) and imposes obligations like data minimization and the right to erasure.
SEER’s Exclusion of EU Instagram Images
Strategic Exclusion
According to a 2021 OneZero report by Dave Gershgorn, Facebook deliberately excluded Instagram images from the EU in SEER’s training dataset, likely to avoid GDPR violations. This decision reflects the complexities of complying with EU data protection laws when training AI models on user-generated content.
Reasons for Exclusion
The exclusion was likely driven by GDPR’s stringent requirements, including the need for explicit consent to process personal data and restrictions on transferring data outside the EU. Images on Instagram often contain personal data (e.g., faces, locations), which could trigger GDPR obligations if used for AI training.
GDPR Compliance Issues for Facebook
Historical Non-Compliance
Facebook has faced significant GDPR scrutiny. In 2023, Meta (Facebook’s parent company) was fined €1.2 billion by the Irish Data Protection Commission (DPC) for unlawful data transfers to the US, the largest GDPR fine ever. The European Data Protection Board (EDPB) found that Meta’s use of Standard Contractual Clauses (SCCs) did not adequately protect EU users’ data.
AI-Specific Challenges
Using social media data for AI training raises GDPR concerns, particularly around lawful basis and transparency. Meta’s attempt to rely on “legitimate interest” for processing user data for AI has been criticized, with advocacy group NOYB arguing it violates GDPR by not seeking explicit consent.
Implications for AI Development
Balancing Innovation and Compliance
SEER’s exclusion of EU data highlights the tension between AI innovation and GDPR compliance. While limiting datasets may reduce legal risks, it can also hinder model performance, as diverse data is critical for robust AI systems.
Industry-Wide Impact
The precedent set by GDPR enforcement, such as Meta’s fine and the suspension of data processing by platforms like X for AI training, signals that companies must prioritize data protection in AI development. This may push firms to explore privacy-enhancing technologies like anonymization or federated learning.
Meta’s Response and Future Outlook
Meta’s GDPR Strategy
Meta has taken steps to align with GDPR, such as pausing AI training plans in 2024 after DPC engagement and implementing objection forms for users to opt out of data use. However, critics argue these measures are insufficient, as opt-out processes shift the burden to users rather than obtaining opt-in consent.
Future of AI and GDPR
The EDPB’s 2024 Opinion on AI and GDPR emphasizes lawful, transparent data processing and suggests legitimate interest may be viable with proper safeguards. As the EU AI Act complements GDPR, companies like Meta must integrate robust compliance frameworks to navigate both regulations.
Conclusion
Facebook’s SEER AI, as reported by OneZero, exemplifies the challenges of developing AI within GDPR’s strict framework. By excluding EU Instagram images, Meta aimed to mitigate legal risks, but broader GDPR compliance issues persist. As AI and data protection laws evolve, companies must adopt ethical, transparent practices to balance innovation with user privacy.
Also read: https://www.marketing2business.com/video-production-company/