LinkedIn is facing a class action for allegedly unlawfully disclosing its Premium customers’ private messages to third parties to train its AI models, after proceedings were filed in a Californian court on Tuesday 21 January.
In August 2024, LinkedIn quietly introduced a new privacy setting to its settings menu, which ostensibly allowed users to enable or disable the sharing of their personal data for the purpose of training generative AI models. This setting was enabled by default, automatically opting users in to a program that allowed LinkedIn and its “affiliates” to train generative AI models with users’ personal data.
LinkedIn in September made a U-turn in the UK, European Economic Area and Switzerland following public outcry and concerns raised by the UK Information Commissioner’s Office, among others. In the US, the opt-out policy was maintained.
At the same time that the privacy policy was updated, LinkedIn updated its FAQ. The claim, brought by Premium subscriber Alessandro De La Torre on behalf of the class, states: “Most notably, LinkedIn buried a crucial disclosure in an ‘FAQ’ hyperlink rather than in the Privacy Policy: ‘The artificial intelligence models that LinkedIn uses to power generative AI features may be trained by LinkedIn or another provide’ (emphasis added). Admitting that data may be disclosed to ‘another provider’ in this secondary document suggests that LinkedIn was aware its previous terms did not authorize these practices and was attempting to avoid further scrutiny.
“Additionally, the FAQ states: ‘Opting out means that LinkedIn and its affiliates won’t use your personal data or content on LinkedIn to train models going forward, but does not affect training that has already taken place.’ LinkedIn gives up the game with this statement—it indicates that LinkedIn users’ personal information is already embedded in generative AI models and will not be deleted, regardless of whether they opt out of future disclosures.”
The plaintiffs allege breach of contract and data protection regulation.
LinkedIn has denied the claims, telling multiple publications that “these are false claims with no merit.”
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LinkedIn suspends opt-out AI model training for UK following ICO concerns