The ongoing debate around Meta’s use of European data to train its artificial intelligence (AI) systems is far from over. While Meta has started training its large language models (LLMs) using public content from Facebook and Instagram, privacy regulators in Europe are still questioning whether this is lawful and the issue may soon reach the European Court of Justice (ECJ).
Meta began training its AI using public posts made by users in the EU shortly after getting the go-ahead from several privacy watchdogs. This approval came just before Meta launched AI-integrated products, including its smart glasses, which rely heavily on understanding cultural and regional context from online data.
However, some regulators and consumer groups are not convinced the approval was justified. A German consumer organization had attempted to block the training through an emergency court appeal. Although the request was denied, that was only a temporary decision. The core legal challenges, including one led by Hamburg’s data protection office, are still expected to proceed in court.
Hamburg’s commissioner, who initially supported blocking the training, later withdrew a separate emergency measure under Europe’s data protection law. He stated that while the training has been allowed to continue for now, it’s highly likely that the final ruling will come from the EU’s highest court.
The controversy centers on whether Meta has a strong enough legal reason, known as "legitimate interest" to use personal data for AI training. Meta’s argument was accepted by Irish regulators, who oversee Meta’s EU operations, on the condition that strict privacy safeguards are in place.
What Does ‘Legitimate Interest’ Mean Under GDPR?
Under the General Data Protection Regulation (GDPR), companies must have a valid reason to collect and use personal data. One of the six legal bases allowed is called “legitimate interest.”
This means a company can process someone’s data if it’s necessary for a real business purpose, as long as it does not override the privacy rights of the individual.
In the case of AI model training, companies like Meta claim that building better products and improving AI performance qualifies as a legitimate interest. However, this is debated, especially when public data includes posts with personal opinions, cultural expressions, or identity-related content.
Data protection regulators must carefully balance:
1. The company’s business goals
2. The individual’s right to privacy
3. The potential long-term risks of using personal data for AI systems
Some experts argue that this sets a broader precedent. If Meta can train its AI using public data under the concept of legitimate interest, other companies may follow. This has raised hopes among many European AI firms that have felt held back by unclear or strict regulations.
Industry leaders say that regulatory uncertainty, specifically surrounding Europe’s General Data Protection Regulation (GDPR) and the upcoming AI Act has been one of the biggest barriers to innovation in the region. Others believe the current developments signal a shift toward supporting responsible AI development while protecting users’ rights.
Despite approval from regulators and support from industry voices, legal clarity is still missing. Many legal experts and companies agree that only a definitive ruling from the European Court of Justice can settle whether using personal data for AI training in this way is truly lawful.
