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Hello all, and happy Thursday!  

It’s David vs. Goliath once again in the EU as NOYB (or “None of Your Business”) files an injunction against Meta in an effort to halt the tech giant from training its AI models on EU citizens’ personal data. 

Starting May 27, Meta plans to use European Instagram and Facebook users’ data to train its AI, citing legitimate interests as its legal basis. NOYB founder Max Schrems argues that Meta’s legitimate interest basis was already ruled invalid for targeted advertising. 

"The European Court of Justice has already held that Meta cannot claim a 'legitimate interest' in targeting users with advertising. How should it have a 'legitimate interest' to suck up all data for AI training?” said Schrems in a statement. “While the 'legitimate interest' assessment is always a multi-factor test, all factors seem to point in the wrong direction for Meta. Meta simply says that it's interest in making money is more important than the rights of its users." 

I had the pleasure of interviewing Schrems on the Privacy Insider Podcast a few months back. If you want to hear more about Schrems’ perspective on data privacy and his priorities at NOYB, have a listen here 

Best,

Arlo 

P.S.: If you’re familiar with NOYB and Max Schrems, then you know they’re behind an impressive number of enforcement actions for GDPR violations. Coincidentally, we’ve just launched an enforcement-related game on our LinkedIn. Check it out! (Yes, there are prizes.) 

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Top Privacy Stories of the Week

New York Senate Committee Advances Ban on Police Use of Biometric Surveillance 

The New York Senate Internet and Technology Committee has taken a decisive legislative step to confront the rapidly expanding use of biometric surveillance technologies by law enforcement. Senate Bill S5609 would prohibit police departments and individual officers from acquiring, possessing, or using any biometric surveillance systems. The bill was passed out of the committee by a 5-2 vote. The bill now moves to the Senate Codes Committee for further consideration.  

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New Data Reveals Importance of Privacy to Americans 

The Ipsos Consumer Tracker asks Americans questions about culture, the economy, and similarly impactful topics. According to new data, two in three Americans, across party lines, believe the government collects too much data about them, among other survey results. 

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NOYB Seeks Injunction to Prevent Meta from Using Data for AI Training 

Austrian advocacy group NOYB will seek an injunction against Meta Platforms that could lead to substantial claims if the tech giant goes ahead with plans to use Europeans' personal data to train its AI models. NOYB, or none of your business, led by privacy activist Max Schrems, said it had sent a cease-and-desist letter on Wednesday to Meta, which plans to start using personal data from European users of Instagram and Facebook from May 27. 

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California’s Location Data Privacy Bill Aims to Reshape Digital Consent 

Assembly Bill 1355 would require businesses to secure clear, opt-in consent before collecting or sharing users’ precise location data and disclose exactly what data they gather, why they gather it, and who receives it. This targeted approach to location data reflects growing national concern over surveillance and the use of sensitive data. Currently, the bill is undergoing analysis in committee. 

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US Copyright Office Releases Report on Training AI and Fair Use 

Recently, the Copyright Office released a “Pre-publication” version of Part 3 of its report on Copyright and AI. The release’s timing is speculated to be related to the Trump administration’s firing of Shira Perlmutter, the Register of Copyrights, amid a shakeup at the Copyright Office. Notably, the report asserted that training AI on copyrighted content will be deemed fair use or infringement on a case-by-case basis, among other takeaways. 

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