Facebook can’t use your sexual orientation to target ads, EU court says

Meta cannot target a user’s sexual orientation in its personalized ads — even if they are openly queer and make public statements about the subject, the European Union’s highest court ruled Friday.

The case was brought from longtime Meta antagonist Max Schrems, as Wired reports. The Austrian activist, whose separate privacy case recently led to a $1.3 billion fine against the company, claimed in this case that Meta broke EU privacy laws by pulling data on his sexual orientation via website visits, app logins, and other sources outside of Facebook, using all that data to target him with LGBTQ-specific ads.

Meta denies it engages in this practice. The company says it considers information on sexual orientation sensitive, and doesn’t indiscriminately include it in its advertising efforts.

When Schrems first took his claim to court, an Austrian judge ruled Meta has a right to target Schrems with ads related to his sexual orientation since he previously discussed being gay during a public panel discussion. But the judge also sent Schrems’ case up to the EU legal system for its ruling.

Now the Court of Justice of the European Union has disagreed with the Austrian court, saying public statements aren’t a green light for tech companies like Meta to target sensitive ads to users.

The EU court also backed up Schrems’ assertion that Meta just doesn’t pull data from users’ activity on their social media services, but also considers their behavior elsewhere on the internet.

‘Meta’s data pool is growing every day’

Even if Meta can detect that a user is queer from their online or offline activities, the court said, they cannot take that information and use it to target them with personalized advertising. 

In a statement, Meta said it takes privacy very seriously. The company added that it offers settings for users to control how information about them is used.

Schrems’ lawyer, Katharina Raabe-Stuppnig, said the court’s ruling will increase limits and controls on Meta’s data-gathering.

“Meta has basically been building a huge data pool on users for 20 years now, and it is growing every day,” Raabe-Stuppnig said in a statement, according to ABC News. “However, EU law requires ‘data minimisation’ … following this ruling, only a small part of Meta’s data pool will be allowed to be used for advertising — even when users consent to ads.”

Schrems’ claims may seem like small potatoes. But there are enormous safety risks for LGBTQ+ people online if they are outed by targeted ads, especially in countries where homosexuality and bisexuality is illegal, and transgender people are already targeted for violence.

There may be money to be made by tech companies from deducing someone’s sexual orientation — since that individual may be more prone to buy certain goods and services — companies cannot put people’s lives and livelihoods at risk for that financial advantage, at least in the EU.