LinkedIn is facing a major challenge to its business model, which only allows to see who has visited their profile if they sign up to its Premium membership package, amid claims that this practice breaches data protection law.
According to the Max Schrems-backed digital rights group NOYB, under Article 15 of GDPR, individuals have the right to access their personal data free of charge. However, Microsoft-owned LinkedIn refuses to provide this specific visitor data in its responses to subject access requests (SARs), citing the data protection concerns of other users.
NOYB argues that such a justification is contradictory and that if LinkedIn is willing to disclose the data for a fee, it cannot then claim privacy concerns as a reason to deny free access.
The group is also questioning the legality of LinkedIn’s tracking methods, noting that the platform operates on an opt-out basis rather than seeking active consent.
The complaint highlights a broader issue of companies monetising GDPR rights or charging fees for data corrections and access.
NOYB data protection lawyer Martin Baumann said: “Selling data to their own users is a popular practice among many companies. In reality, however, people have the right to receive their own data free of charge. It is absurd that companies only seem to recognise the importance of data protection when they want to sell data.
“For example, when LinkedIn has no problem handing over certain data in exchange for money – but suddenly becomes concerned about the privacy of other users when you exercise your right of access.
“The protection of the rights and freedoms of others can definitely be a reason for not disclosing shared personal data. However, if a company has sought the relevant consent and is clearly willing to make the same data available for a fee, this argument no longer holds water.”
NOYB has now filed a complaint with the Austrian Data Protection Authority on behalf of a LinkedIn user and is demanding a full response to his access request. It is proposing that a fine be imposed to prevent similar breaches in future.
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