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Mark isn't saying the toggle does nothing.

He's saying that if you leave it on, your data can be used to help train our models.

If you opt out, we don't train on your data.

As I understand it, this is not true. And there are dark patterns that re-enable to toggle even if you disable it once.

Given how much PII is fed through these systems, would it being opt-out by default not be violating the GDPR by a failure to require explicit consent (or otherwise provide the legal basis for processing)? If a court decides as much, I imagine it would mean that all data harvested this way must be extracted from the models, and all instances where it would have been shared would have to be identified, which would really be something.

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