Italy fines Meta €805m over access to users’ photos without consent

Italian regulators have fined social media giant Meta €805 million (£670 million; $887 million) for accessing photographs and videos belonging to about 20 million Android users without obtaining their specific consent.

According to the BBC, Italy’s Data Protection Authority announced the penalty on Saturday, following an investigation into how Facebook accessed users’ phone galleries through a feature that suggests photos and videos for posts.

The regulator said Meta failed to adequately inform users that granting Facebook access to their photo galleries would also allow the platform to generate content suggestions using images and videos stored on their devices.

The investigation found that Facebook relied on a single app-wide permission to access users’ galleries, without clearly explaining that the authorisation covered the photo suggestion feature.

The feature, known as “Get suggestions from gallery when browsing Facebook”, was introduced in 2023 and was enabled by default.

According to the regulator, the arrangement meant users could unknowingly grant Facebook access to their entire photo collections without understanding the full implications of their consent.

The authority has given Meta 60 days to disable the feature by default and introduce a separate consent request, clearly explaining why access to users’ galleries is required and how the feature can be switched off.

It also said the high number of people affected, the duration of the alleged violation and Meta’s lack of cooperation during the investigation were considered when determining the fine.

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The regulator noted that the practice remained ongoing for users who had not updated their applications, as well as those who had previously granted permission under the existing system.

Meta has strongly disagreed with the decision and said it plans to appeal.

A company spokesperson told the BBC that the regulator’s assessment of the facts, its interpretation of the law and the size of the penalty were disproportionate.

Meta maintained that the feature was designed to make it easier for users to share photographs and videos on Facebook.

The company also insisted that users must grant permission on their devices before the feature can operate and can withdraw that permission at any time through their settings.

The €805 million penalty is among the largest fines imposed on a technology company by an Italian authority.

The development comes weeks after Meta faced another major legal setback in the United States, where a judge in New Mexico ordered the company to pay $25 billion over findings that it had misled the public about how it handled Facebook users’ data.

Meta, which also owns Instagram and WhatsApp, has faced increasing scrutiny from regulators over its handling of personal information and users’ privacy.

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