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Instagram — Policy Change

majorAnti-Privacy → Policy Change

Executive Summary

Meta began training its generative AI models on public posts, photos, and comments from EU/EEA Instagram users, relying on the 'legitimate interest' legal basis under GDPR rather than explicit consent. Privacy group noyb threatened legal action, and the Irish DPC issued a statement acknowledging the processing while monitoring compliance.

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What Happened

Meta began training its generative AI models on public posts, photos, and comments from adult users on Instagram and Facebook in the EU/EEA on May 27, 2025. The Irish Data Protection Commission engaged with Meta starting in March 2024 after being informed of these plans, leading Meta to pause the training in June 2024. Following an EDPB Opinion issued in December 2024 and further regulatory engagement, Meta provided updated documentation and implemented multiple improvements before proceeding with the May 2025 launch date.

Who Is Affected

Adult users in the EU and EEA who have shared public content on Instagram and Facebook are affected, as their posts, photos, and comments are now being used to train Meta's AI models. Meta has provided updated transparency notices to all users in both 2024 and 2025, along with an objection form and information on how to change posts from public to private.

Why It Matters

This represents a significant test of whether technology companies can rely on legitimate interest rather than explicit consent when processing personal data for AI training under GDPR. The Irish DPC's extensive two-year engagement with Meta and other technology companies reflects the regulatory complexity of applying existing data protection law to rapidly evolving AI technologies across Europe.

What You Should Do

If you are an EU/EEA Instagram or Facebook user who does not want your public content used for AI training, you can submit an objection using Meta's objection form, which works in-app and across all European jurisdictions. You can also change your existing posts from public to private to prevent them from being used in future model training.

AI-Assisted

Event summaries are generated by Claude AI from verified sources and reviewed by humans before publication.

Sources

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Meta began training its generative AI models on public posts, photos, and... — Instagram | PrivacyWire