Brazil: Issued preventive measures in ANPD investigation into Meta's privacy policy allowing the use of personal data for AI training

Description

Issued preventive measures in ANPD investigation into Meta's privacy policy allowing the use of personal data for AI training

On 2 July 2024, the National Data Protection Authority (ANPD) issued a preventive measure requesting Meta to suspend its new privacy policy, which allowed the use of personal data from its platforms for AI training. Non-compliance will result in a daily fine of BRL 50'000. The ANPD initiated an inspection due to evidence of violations of the General Data Protection Law (LGPD). Preliminary findings indicated harm to users, leading to the suspension. It was also determined that under the new privacy policy, Meta's AI could collect and use personal data from children and adolescents, including photos, videos, and posts. This violates LGPD requirements, which mandate that processing minors' data must prioritise their best interests and include safeguards and risk mitigation measures, which were allegedly not observed.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
platform intermediary: user-generated content, ML and AI development
Implementation Level
national
Government Branch
executive
Government Body
data protection authority

Complete timeline of this policy change

Hide details
2023-07-07
under deliberation

On 7 July 2023, the Brazilian National Data Protection Authority (ANPD) announced that it had initi…

2023-07-24
under deliberation

On 24 July 2023, the Brazilian Data Protection Authority (ANPD) announced that it will continue its…

2024-07-02
in force

On 2 July 2024, the National Data Protection Authority (ANPD) issued a preventive measure requestin…

2024-07-10
in force

On 10 July 2024, the Brazilian Data Protection Authority (ANPD) issued an Order upholding its preve…

2024-08-30
under investigation

On 30 August 2024, the Brazilian Data Protection Authority (ANPD) announced it had suspended the pr…