The Tool Desk
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What did Brazil’s regulator order Meta to stop?
ANPD’s July 2, 2024 order suspended new privacy-policy provisions and the processing of personal data for generative-AI training in Brazil. Meta’s updated privacy policy had taken effect on June 26. ANPD said the change would allow the company to use information publicly available on its platforms and content shared by users to train and improve generative-AI systems. ANPD’s announcement described the order as a preventive measure, not a final ruling on whether Meta had violated Brazil’s data-protection law.
The order covered personal data used for training, including data belonging to people who were not Meta platform users. ANPD set a fine of R$50,000 per day for noncompliance. The measure applied in Brazil.
Why did ANPD intervene?
The regulator cited preliminary indications of problems with the legal basis for processing, transparency, users’ ability to exercise their rights, and risks to children and adolescents. In its announcement, ANPD said it saw “indications of personal-data processing based on an inadequate legal basis, lack of transparency, limitations on data subjects’ rights, and risks to children and adolescents.” It also pointed to a risk of serious harm that could be difficult to repair as grounds for urgent preventive action. These were concerns supporting an interim measure, not adjudicated final findings. ANPD’s July 2 statement provides its account of the reasons.
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To illustrate the scale of the issue, ANPD said Facebook had about 102 million active users in Brazil in 2024 when it announced the measure. That is the authority’s figure for Facebook at that time, not a current count or a combined Facebook-and-Instagram total. The regulator’s announcement attributes the figure to its own estimate.
How did the order change?
| Date | What happened | What it meant |
|---|---|---|
| July 2, 2024 | ANPD ordered Meta to suspend the relevant policy provisions and personal-data processing for generative-AI training in Brazil. | A preventive suspension, backed by a daily fine for noncompliance—not a final decision on the case’s merits. |
| July 10, 2024 | ANPD maintained the measure after Meta sought reconsideration, gave the company five additional days to demonstrate compliance, and deferred broader requests pending technical review and a compliance plan. | The prohibition remained in place while the authority reviewed the matter. ANPD’s July 10 update describes this stage. |
| August 30, 2024 | ANPD said Meta had met the requirements of an updated compliance plan and lifted the preventive prohibition. | Restricted resumption was allowed subject to safeguards; lifting the interim prohibition did not decide the underlying inspection’s merits. ANPD’s August 30 announcement describes the change. |
What could Meta use after the prohibition was lifted?
ANPD said the approved plan included enhanced transparency, a simpler way for people to object, and a commitment not to process training data from accounts of people under 18 until a final decision in the inspection process. The August action therefore allowed a limited return to the activity under the plan’s safeguards; it did not mean the regulator had cleared every aspect of Meta’s practices.
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Meta’s Brazil-facing post, first published May 22 and updated August 30, said it planned to use public information from accounts, including public posts and comments, and that people could object through a form. Meta also said it did not use private messages with friends and family to train its AI experiences. Those statements describe Meta’s position, not an independent determination of compliance. Meta’s post for Brazil sets out the company’s account.
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The August 30 action lifted the preventive prohibition; it did not itself resolve the underlying inspection. ANPD’s public inspection page lists Meta’s generative-AI personal-data processing under process 00261.004509/2024-36, but the listing does not state a final merits outcome. The sources available here do not establish whether ANPD has since issued one. ANPD’s public inspection records identify the proceeding.
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