Brazil's ANPD has ordered Meta to immediately stop using Instagram and Facebook posts to train its generative AI models — joining the UK and EU in pushing back against the social media giant's AI data practices.
Brazil Blocks Meta AI Training Over Privacy Concerns
On Tuesday, Brazil's Autoridade Nacional de Proteção de Dados (ANPD) suspended Meta's updated privacy policy that allowed the company to use public posts from Brazilian users to train its generative AI systems, including chatbots. The agency cited "imminent risk of serious and irreversible prejudice" to the fundamental rights of Brazilian users as grounds for the emergency order.
Meta responded by defending its practices, saying it acted within applicable privacy laws. The company accused the regulator of stifling innovation and competition in the AI sector.
Meta Given Five Days to Comply or Face Fines
Meta was ordered to revise its policy within five working days or face fines of R$50,000 (approximately $8,808) per day. With Facebook counting 102 million users and Instagram 113 million users in Brazil, the country represents one of Meta's largest markets globally.
The ANPD identified four key failings: inadequate legal justification for the data processing, lack of transparency with Brazilian users, restrictions on users' ability to opt out, and failure to protect the rights of children and adolescents.
Brazil vs. Europe: A Two-Tier Privacy Standard
The decision closely mirrors Meta's earlier climbdown in Europe. Following pressure from Ireland's Data Protection Commission (DPC), Meta paused its AI training policy for EU users. The same policy was rolled out in Brazil — but with key differences that alarmed regulators.
Pedro Martins of Data Privacy Brasil praised the ANPD's action, highlighting that Meta's Brazilian policy would have allowed the posts of children and teenagers to be used for AI training — a practice already banned in Europe. Additionally, Brazilian users faced a more difficult process to exercise their right to opt out compared to European counterparts.
Meta was formally called upon to address both the children's data issue and the opt-out disparity between its Brazilian and European policies.
A Growing Global Trend
Brazil's move reflects a growing international consensus that tech companies must not use personal social media data for AI training without clear consent, adequate transparency, and robust protections for minors. The ANPD's swift intervention signals that Brazil, under its Lei Geral de Proteção de Dados (LGPD), is prepared to enforce data rights with the same seriousness as European regulators under GDPR.
