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Personal data, Asdico: “In the digital world, there is no such thing as a truly free service”

Following Meta's settlement with US state authorities, San Marino's consumer association calls for greater transparency on how platforms use personal data.

Personal data has economic value, and anyone using social networks and online services should be given the means to know what information is being collected and how it is used. This is the issue raised by Asdico following the settlement reached in the United States between Meta and a coalition of state authorities, concerning allegations over the design of Facebook and Instagram and the possible compulsive use of these platforms by children and teenagers.

“The settlement reached in the United States between Meta and a coalition of state authorities represents an important precedent and confirms the urgent need for greater transparency, awareness and accountability on the part of major digital platforms,” the association’s statement reads. The agreement, which remains subject to a judge’s approval and does not constitute an admission of liability by the company, has a potential value of more than 17 billion dollars and includes changes to services aimed at minors.

For Asdico, however, the case opens up a broader question about the relationship between consumers and platforms. “How truly aware are we of the economic value of the data we produce and share online?” the association asks, stressing that the absence of a direct payment does not necessarily mean a service is free of any economic exchange.

The statement invokes the concept of the “prosumer” — a user who is simultaneously producer and consumer. “By using a social network, we produce content, interactions and information about our behaviour: what we watch, search for and share, who we interact with and what our interests are. Individually, this data may seem insignificant. But when aggregated and analysed, it can be used to build extremely detailed profiles of individuals.”

According to Asdico, it is therefore necessary to move beyond the idea that many digital services are simply free. Even without paying money directly, the consumer contributes to the creation of value through attention, content, behaviour and data. This raises the issue of the gap between formally accepting terms of use and actually understanding what is being granted to the platforms. “It is precisely this gap between formal consent and substantive awareness that must become one of the central issues in protecting the digital consumer,” the association argues.

Responsibility, according to Asdico Cdls, cannot however be attributed to users alone. “Platforms have technological, informational and financial resources that are vastly superior. Transparency, understandable information and fairness in service design must therefore be fundamental elements of the relationship with consumers.” This protection, the association stresses, must be even stronger when the services are used by children and teenagers.

Chairman Luca Villani also points to the social consequences of concentrating vast amounts of information in the hands of technology platforms, citing the precedent of Cambridge Analytica. “This is no longer just a matter of privacy,” the statement reads. “It also concerns the way information circulates, how advertising and political messages are constructed and, more broadly, how our democratic societies function.”

For Asdico, the answer is not to give up technology, but to increase users’ awareness and ability to exercise control. “Transparent systems, understandable conditions and stronger protection for the most vulnerable people must also be guaranteed: the Meta case shows that these issues fall squarely within consumer protection and must be placed on the political agenda.” For the association, “in the 21st century, defending consumers’ rights also means defending the rights of digital citizens.”