ANPD sets precautionary suspension of personal data processing for Meta AI training

Authority The National Data Protection Authority (ANPD) issued today (two) MEdited sRevertive to set the Immediate suspension, in Brazil, of Meta's new privacy policy, who allowed the use of personal data posted on their platforms For the purposes of training artificial intelligence systems. was established Daily fine of R$50,000 for non-compliance. Click here and check out the full application.

will manage Indicates the to update in Policy Privacy From the company Which came into effect on June 26. The new policy applies to “tariff products,” which include: Facebook, Messenger, Instagram, that it The Company is permitted to use publicly available information and content shared by users of its platforms. To train and improve generative AI systems. Such treatment he can Effects A large number of the peopleBecause Facebook alone in Brazil has about 102 million active users.

ANPD became aware of the case and began an investigation. Ex officio – i.e. without provocation from third parties – On a mission Signs of a GDPR Violation (LGPD)After the initial analysis, in front of risks Serious damage that is difficult to repair for users, Authority determined Precautionary suspension of Privacy Policy and The treatment process.

In terms From voting N11/2024/DIR-MW/CD, consent By the Board of Directors In the trading circle, it was understood be present noteHeyIt's primary. Adequate to Shipment of Preventive measure. are they: Use of hypothesis Inadequate legal framework for processing personal data; Failure to provide clear, accurate and easily accessible information about changes to the Privacy Policy About the treatment that was implemented; and excessive restrictions on the exercise of the rights of their owners; it is Processing of children's personal data that it Teenagers without proper safeguards.

ANPD is evaluatingSufficient and necessary information for its owners to be able to king Awareness of the potential consequences of processing your personal data to develop AI models generative. The Authority conducted an investigation., Until now, What, Despite users Processing of personal data, there was Excessive and unjustified obstacles to access to information and to practicewho right.

Furthermore, the Authority considers thator unsuitableIn the initial analysis, the hypothesis used cold To justify Hey treatment From personal datas – legitimate interest From the company. This is because such an assumption cannot be used when processing sensitive personal data. (that it, with greater risk of discrimination). In addition to, Important Taking into account legitimate expectations and monitoringArrogance The follower principles Purpose and need.

In this specific case, ANPD considered that the information was available on the platforms. from Goals are generally shared by their owners. to Relationships with friends, close community or companies of interest. Accordingly, in the initial analysis, nothingI for necessarily Expect it everyone This information – He was It is used to train AI systems, which are not even executed when the information is shared.

finally, VerificationIf only that were the case Personal data of children and adolescents, such as: Photos, videos and posts, It can also be collected and used to train Meta's AI systems. According to LGPD, Processing data from children and adolescents It should always be Done in your best interest, With the adoption of safeguards and risk mitigation measures, which have not been verified within the scope from Preliminary analysis.

Understanding the measure

Preventive action is a competitive tool.MileANPD Directors, user to Ensure effectivenessthat it performance authority In order to protect the rights of their owners. Suits, After, for Prevent serious, irreparable or irreparable damage For personal data owners.

Preventive action can be taken in urgent cases.boythe Even without a precedent appearance From the concerned party, that it May be accompanied by Daily fine to Failure to comply with the imposed obligation.

In preventive measures behaviors Companies are evaluated In shape preliminary, like the colorRe-nOperations of a precautionary nature. a appreciation Hinge From behavior that it done Back This is within the scope of the inspection process established for this purpose, which will be carried out by the technical field. From ANPD.