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TL;DR
Italy’s data protection authority fined Meta Platforms Ireland €805 million over Facebook’s Android feature that suggests photos and videos from users’ phone galleries. The Garante says the feature accessed galleries without specific, informed consent; Meta plans to appeal. The order requires separate consent and an off-by-default setting, while the case did not decide whether gallery content was used to train AI.
Italy’s data protection authority has fined Meta Platforms Ireland Limited €805 million over a Facebook feature on Android that suggests photos and videos from a user’s phone gallery while browsing. The Garante per la protezione dei dati personali says the feature accessed Italian users’ galleries without specific, informed consent, and has ordered Meta to seek separate permission and keep the feature off by default.
The case concerns Facebook’s “Get tips from your gallery while browsing Facebook” feature, available since 2023. According to the Garante, the feature shows photos and videos stored on a phone as suggestions for posts. The authority said a single Android permission covered the app and multiple functions, and that a generic notice referring to enabling “other features” did not adequately explain the gallery use. The feature was active by default.
The Garante said that granting the relevant system permission could allow Facebook to read an entire photo archive, usually on an ongoing basis. Its decision rests on Article 122 of Italy’s Privacy Code, which implements the EU ePrivacy Directive. The authority says the rule protects information on a smartphone and requires free, informed consent for access, whether or not information is transmitted or harm is shown.
The order gives Meta 60 days to request separate consent for the feature, explain its purpose and gallery access, and provide instructions for disabling it. The feature must remain off by default, including for users who had already granted the Android permission. Meta must report within 30 days on steps it has begun and within 90 days on measures taken. If the deadline passes without compliance, the feature cannot be activated for users without valid consent.
The authority said around 20 million Android users in Italy were involved. In setting the fine, it cited the number of people affected, the duration of the conduct, a previous 2019 ruling against Meta and what it described as limited cooperation during the investigation. It also counted changes made by Meta after the complaint in the company’s favour, but said those changes were late and applied only to users who updated the app.
Italy vs. Meta · decision of Nov 14, 2026
One permission, a whole gallery, a record fine
How the Facebook app for Android reached users’ photos, according to Italy’s data protection authority, and what Meta must change.
Phone gallery and app (schematic)
Suggestions from your gallerywhile you browse Facebook, available since 2023 Fully granted: the entire photo archive“usually permanently”, the Garante says Within 60 days: off by defaultand a separate, specific consent request
What the Garante found and ordered
- Since 2023“Get tips from your gallery while browsing Facebook” on Androidfeature
- 1 permissionfor the entire app and several functions, after a generic notice (“enable other features”)Garante finding
- On by defaultthe feature “was set to be active by default”Garante finding
- Whole gallerya fully granted permission lets the app read the entire photo archive, usually permanentlyGarante finding
- July 2025Bolzano Consumer Protection Center report; investigation with technical analysisinvestigation
- Nov 14, 2026Fine; within 60 days: separate consent, off by default, also for people who already allowed itdecision (Meta will appeal)
Source: Garante per la protezione dei dati personali, press release doc. web no. 10321080 (Italian with English version), Rome, Nov 14, 2026; Meta’s appeal as reported by Reuters. The full decision was not yet published. The phone and app picture is a schematic, not the real app.
Graphic: Powered by Thorsten Meyer AI
What the Order Changes for Users
The ruling addresses a familiar choice on smartphones: whether approving an app permission also means agreeing to every use of the information it makes possible. The Garante’s position is that general gallery access is not enough to authorize this particular suggestion feature. The required separate prompt and off-by-default setting would make the choice more specific and prevent earlier system permission from automatically activating the feature.
The scale of the penalty and the number of users named by the regulator make the decision significant for Meta and for other apps that request access to photo libraries. The legal finding is specific to this feature and Italy’s ePrivacy rules; it does not establish that every app using photo access violates the law. Nor does the fine itself show that users suffered a data leak or that their images were used for another purpose.
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How the Gallery Feature Came Under Review
The Garante said its investigation began in July 2025, after a report from the Bolzano Consumer Protection Center, and included a technical analysis by the authority. Meta argued that the case should be handled by Ireland’s regulator. The Garante rejected that argument, saying ePrivacy rules do not use the EU’s “one-stop shop” mechanism in the way Meta claimed.
The regulator also referred to a 2019 ruling against Facebook, when it imposed a €1 million fine in the Cambridge Analytica case under Italy’s former privacy code. The current penalty is a separate decision concerning Android gallery access, not that earlier matter. The Garante said the new fine represented about 0.47% of Meta’s global revenue.
The Garante published a press release on November 14, 2026, but the full decision was not yet available on its website at 21:27 UTC, according to the source report. The detailed reasoning and any further explanation may therefore become clearer when the complete decision is published.
““access to the gallery is requested with a single permission, valid for the entire app and for multiple functions with different need””
— Italy’s data protection authority, in its English-language press release
Appeal and AI Use Remain Open
Meta’s planned appeal means the decision may be challenged, but the available material does not specify the grounds, filing date or schedule. The Garante’s full written decision was not posted when the source report checked at 21:27 UTC on November 14, leaving some detail about the regulator’s reasoning and the exact implementation of the orders to be confirmed.
The case did not determine whether gallery content was used to train AI. Meta denies that use, according to the source material. A separate feature launched in 2026 that processes gallery content in the cloud may be reviewed independently; whether the regulator will assess it, and when, is not yet clear.
The regulator’s English and Italian summaries also differ in how they describe the violation’s continuing status. The Italian text refers both to users who had not updated the app and users who had already granted system permission, while the English version mentions users who had not updated. The order itself says the feature must be off by default even for people who previously granted permission.
Deadlines, Compliance and Appeal
Meta is expected to pursue an appeal, though no timetable or grounds were provided in the source material. Separately, the company faces the Garante’s compliance schedule: an initial report within 30 days, a report on measures taken within 90 days, and the substantive changes within 60 days. The authority will be able to assess whether Meta has introduced a separate consent request and disabled the feature by default.
Users should watch for changes to Facebook’s Android permission prompts and settings, but the available information does not specify when an updated interface will appear or whether it will arrive through an app update. Publication of the full decision and any appeal filings would clarify the reasoning and the next procedural steps. Any separate review of the 2026 cloud-processing feature would be a distinct development.
Key Questions
Why did Italy fine Meta €805 million?
The Garante said Facebook’s Android gallery-suggestion feature accessed photos and videos without specific, informed consent. It cited a broad app permission, a generic notice and a feature that was on by default.
What must Meta change?
Within 60 days, Meta must seek separate consent for gallery suggestions, explain the access and how to disable it, and keep the feature off by default, including for users who previously granted system permission.
Did the decision find that Meta used photos to train AI?
No. The case did not determine whether gallery content was used for AI training. The source material says Meta denies such use; a separate cloud-processing feature may be considered separately.
Will Meta appeal the fine?
Yes. A Meta spokesperson told Reuters the company would appeal and called the fine “disproportionate.” The grounds and timing were not provided.
When will users see the required changes?
The Garante’s order sets a 60-day deadline for changes, but the available information does not say when an updated prompt or setting will reach individual users. Meta must also report to the regulator within 30 and 90 days.
Source: ThorstenMeyerAI.com
