They made the decision after investigations indicated significant risks to the privacy of Brazilian users.
Meta, which owns platforms such as Facebook and Instagram, classifies the measure gambling database as a setback. But the ANPD argues that it is necessary to protect citizens' rights.
The ANPD decision
The authority released the decision on Tuesday (02/07), expressing its concerns about the misuse of personal data to train AI models.
They established a fine of R$50,000 per day in case of non-compliance with the preventive measure.
According to the Authority, Meta was unable to demonstrate compliance with the General Personal Data Protection Law (LGPD), especially with regard to explicit user consent and transparency in data processing.
Privacy risks
Investigations have shown that Meta may have exposed data from millions of Brazilians without the necessary safeguards, thus putting sensitive information and users' privacy at risk.
In a note, Marina Fernanda de Siqueira, lawyer for the Telecommunications Law and Digital Rights Program at Idec, highlights that Meta did not inform Brazilian users about the change in privacy policy, contrary to what it did in the European Union.
“Prior, adequate and clear information is an essential requirement for the effectiveness of a consumer contract. Therefore, users should not be required to have their data used to train AI tools,” highlighted the lawyer.
Furthermore, the ANPD highlighted that this practice by Meta could lead to serious violations of the rights and freedoms of data subjects, since AI systems could be trained with inappropriately collected data.
Meta publicly spoke out against the decision. In a statement, the company said that the suspension harms the development of advanced technologies and thus puts Brazil at a disadvantage in the global innovation scenario.
“This measure represents a setback,” declared the big tech, highlighting that the decision limits the potential for improving its services and products that use AI.
In response, Miriam Wimmer, director of ANPD, stated “it is important to emphasize that the LGPD is not against innovation. We want innovation, but with respect for Brazilian legislation and the Constitution.”
Despite the criticism, Meta reiterated its commitment to user privacy. Furthermore, it stated that it is willing to cooperate with Brazilian authorities to find solutions that meet the requirements of Brazilian legislation.