Brazil: Issued ANPD supervisory decision requiring Meta to suspend processing of personal data from users under the age of 18 for training its generative AI models

On 13 December 2024, the Brazilian National Data Protection Agency (ANPD) issued a supervisory decision as part of its ongoing investigation into X Corp's compliance with data protection regulations regarding the training of generative artificial intelligence models. The ANPD's decision requires X Corp to cease processing the data of minors under the age of 18 for AI training purposes within five days. In addition, X Corp is required to clarify the applicability of its data processing documentation to Brazil, particularly in relation to the "Legitimate Interest Balancing Test" and the "Personal Data Protection Impact Report", which currently refer to data processing in the European Union, EFTA countries and the United Kingdom. The company is also instructed to make specific changes to its Terms of Use and Privacy Policy, including the removal of the phrase "for any purpose" to ensure specificity of data processing purposes and to better protect personal data. Failure to comply with these precautionary measures could result in further action by the ANPD, emphasising the importance of compliance in data processing activities.