ANPD suspends Meta’s New Privacy Policy due to the use of AI

On July 2, 2024, the National Data Protection Authority (“ANPD” or “Brazilian DPA”) issued a Preventive Measure suspending Meta’s new Privacy Policy, establishing a daily fine of 50 thousand reais in case of non-compliance, due to concerns caused by the provisions related to the use of Artificial Intelligence.

The new Policy, which came into effect at the end of last June, determined that Meta could use for the training and development of Meta’s AI systems data shared by users on the service platforms, except for data included in private messages, as well as publicly available data.

According to the Brazilian DPA, Meta’s new Policy fails in the following aspects: (i) inadequate use of the legal basis of legitimate interest for the data processing; (ii) lack of transparency regarding processing details; (iii) obstacles to the exercise of data subjects’ rights; and (iv) processing without proper safeguards for minors’ data.

Therefore, according to the ANPD’s decision, Meta must suspend the processing of personal data for the purpose of training its generative AI tool, as well as amend the respective section in its Privacy Policy.

Our team is at your disposal for further clarifications and to assist with complying with LGPD and ANPD regulatory requirements.

Gustavo Flausino Coelho –

Fernando Naegele –

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