Facebook and Instagram cannot use data from Brazilians to train AI, determines ANPD

A National Data Protection Authority (ANPD) announced this Tuesday (02) that the Metathe company responsible for Facebook and Instagramcannot use data from Brazilian users to train their models. artificial intelligence. In case of non-compliance, the daily fine is R$50,000.

According to the agency, Meta’s new privacy policy is irregular from the point of view of the General Data Protection Law (LGPD), pointing out that this AI training by the company led by Meta represents “risks of serious and difficult-to-repair damage to users”.

In a note, the ANPD listed the points that resulted in the decision:

• Use of hypotheses inadequate legal framework for the processing of personal data;
• Failure to provide clear, accurate and easily accessible information about the privacy policy change and about the treatment carried out;
• Excessive limitations on the exercise of the rights of the holders;
• Processing of personal data of children e adolescents without proper safeguards.

Furthermore, the ANPD considered inadequate, in a preliminary analysis, the legal hypothesis used to justify the processing of personal data – the legitimate interest of the company. This is because such a hypothesis cannot be used when there is processing of sensitive personal data (i.e., with a greater risk of discrimination). In addition, it is necessary to consider legitimate expectations and observe the principles of purpose and necessity.

Meta classifies decision as a setback

In an official statement about the decision, Meta said it was disappointed.

“We are disappointed with the ANPD’s decision. AI training is not unique to our services, and we are more transparent than many players in this industry who have used public content to train their models and products.”

The company also stated that this decision delays the arrival of AI benefits for people in Brazil.