TL;DR
Italy’s data protection authority fined Meta Platforms Ireland €805 million over Facebook’s Android photo suggestion feature, saying it accessed users’ galleries without specific, informed consent. Meta plans to appeal; it must change the feature’s consent and default settings while the appeal proceeds.
Italy’s data protection authority fined Meta Platforms Ireland Limited €805 million on November 14, 2026, over a Facebook feature on Android that suggests photos and videos from a user’s phone gallery. The Garante said the feature accessed gallery content without specific, informed consent, and ordered Meta to turn it off by default and request separate consent within 60 days. Meta plans to appeal.
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The case concerns Facebook’s “Get tips from your gallery while browsing Facebook” feature, available since 2023. It shows users photos and videos from their phone as possible posts. According to the Garante, access was covered by a single permission applying to the app and several functions, preceded by a generic notice to “enable other features.” The authority said the gallery suggestion feature was on by default.
The Garante said granting the permission fully allowed Facebook to read the entire photo archive, usually on an ongoing basis, and that users and the authority could not verify which information was actually used. It said the feature did not meet the consent requirements of Article 122 of Italy’s Privacy Code, which implements the EU ePrivacy Directive. The regulator’s press release says around 20 million Android users in Italy were involved and puts the fine at about 0.47% of Meta group global revenue.
The regulator ordered Meta to seek separate, specific consent and keep the feature off by default, including for users who had already granted the broader permission. Meta must report within 30 days on steps it has begun and within 90 days on measures completed. The full decision was not yet posted on the Garante’s website at 21:27 UTC on November 14, according to the source material, so the press release is the available account of the ruling.
Consent Rules for Phone Galleries
The ruling addresses how apps request access to highly personal information stored on phones. The Garante’s position is that a broad app permission and a generic prompt do not amount to free, informed agreement to a distinct use such as suggesting gallery images while browsing. Its order requires Meta to add a specific choice and change the feature’s default setting.
The €805 million penalty also makes the case financially significant for Meta, though the company intends to challenge it. The amount is about 0.47% of group global revenue, according to the Garante. The practical effects will depend on how Meta implements the order and on the outcome of the appeal.
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How the Investigation Began
The Garante said its investigation began in July 2025 after a report from the Bolzano Consumer Protection Center. It conducted a technical analysis as part of the inquiry. The authority framed the dispute as access to information held on a smartphone, rather than as a data breach or hacking incident.
The Garante said Article 122 of Italy’s Privacy Code protects the smartphone as part of a person’s private sphere and requires free and informed consent for access to information on the device. The source material also cites a 2019 €1 million fine against Facebook in the Cambridge Analytica case under Italy’s former privacy code. That earlier case is a point of comparison, but it concerned a different matter.
Appeal and AI Use Remain Open
The full written decision was not available on the Garante website at the time reported, leaving details beyond the press release unconfirmed. Meta’s planned appeal means the penalty and required measures may be contested; the source material does not specify the appeal timetable or whether the order is suspended while proceedings continue.
The case did not determine whether gallery content was used to train AI. Meta denies such use, according to the source material. A separate feature launched in 2026 that processes gallery content in the cloud may be assessed separately, but no outcome or timetable for that assessment was given.
Meta’s Compliance Deadlines
Meta is due to report to the Garante within 30 days on measures it has started and within 90 days on what it has completed. Within 60 days, it must ask for separate, specific consent and keep the feature off by default, including for people who previously granted the broader Android permission, under the regulator’s order.
Meta has said it will appeal. The next developments are the publication of the full decision, any appeal filings or rulings, and the regulator’s review of Meta’s compliance reports. The available source material does not say when those steps will occur.
Key Questions
Why did Italy fine Meta?
The Garante said Facebook’s Android gallery suggestion feature accessed photos and videos without specific, informed consent. It said the permission covered multiple app functions, followed a generic notice, and the feature was on by default.
What must Meta change?
The order requires Meta to keep the feature off by default and request separate, specific consent within 60 days, including from users who had already granted the broader permission.
Will Meta pay the fine?
Meta plans to appeal, according to the source material. The appeal’s timing and effect on the payment or implementation deadlines were not specified.
Was the case about Facebook using photos to train AI?
No. The source material says the decision did not address whether gallery content was used for AI training. Meta denies such use, and a separate 2026 cloud-processing feature may be assessed separately.
Source: Thorsten Meyer AI
