Meta and other AI giants are\u00a0justifying\u00a0their use of\u00a0personal data in Europe by invoking the concept of “legitimate interest,” a legal basis that allows them to avoid seeking your explicit and prior consent for\u00a0AI training purposes.\u00a0While\u00a0they do offer\u00a0users the possibility to object to such processing\u00a0this right is limited,\u00a0individuals\u00a0must\u00a0demonstrate “grounds relating to [their] particular situation.”<\/p>\n
As Mathilde Croze, our partner, pointed out in an interview with La Tribune, relying on legitimate interest requires a balancing test between the necessity of the processing and the fundamental rights and interests of the individuals concerned.<\/p>\n
However, when personal data is used to train generative AI tools for “recreational” purposes\u2014such as ChatGPT or Meta AI\u2014as opposed to training AI models for medical apps, where the collective interest is clear\u2014the reliance becomes more questionable. Moreover, the right to object is significantly weaker than a straightforward opt-out mechanism.<\/p>\n