META’S DATA PRACTICES FOR AI TRAINING UNDER SCRUTINY IN ARGENTINA

Key Highlights

Complaint Against Meta: Lawyers Facundo Malaureille Peltzer and Daniel Monastersky filed a formal complaint with Argentina’s AAIP, questioning Meta’s use of personal data for AI training and seeking details on privacy policy updates, user consent, data anonymization, and retention policies.
Calls for Independent Audit: The complaint requests an independent audit of Meta’s processes in Argentina and the establishment of guidelines on acceptable anonymization standards to ensure compliance with Argentina’s Personal Data Protection Law (Law 25,326).
International Scrutiny: This action aligns Argentina with other countries like the EU, Brazil, and Nigeria in scrutinizing Meta’s data practices, potentially impacting AI innovation and data protection laws in Argentina and highlighting the need for updated legislation to protect digital rights.

A formal complaint against Meta, the parent company of Facebook, WhatsApp, and Instagram, has been filed with the Agency for Access to Public Information (AAIP) in Argentina, on 30^th July 2024. Lawyers Facundo Malaureille Peltzer and Daniel Monastersky, directors of the Diploma in Data Governance at CEMA University, complained. The case is drawing significant attention from Argentina’s technological and legal communities due to its potential impact on AI innovation and data protection in the country.

About the Complaint

The complaint, which consists of 22 points, questions Meta’s practices regarding the use of personal information from its users to train its AI systems. Among the important requests are details on the updating of the privacy policy, evidence of user consent, an impact analysis assessment (PIA) in line with Argentine guidelines, technical explanations about data anonymization processes, and guarantees of their irreversibility. Additionally, the complaint seeks clarifications on how Meta prevents the re-identification of anonymized data, the handling of metadata and sensitive data, and information on data retention and destruction policies.

Calls for Independent Audit and Guidelines

Malaureille and Monastersky have called for the AAIP to conduct an independent audit of Meta’s processes in Argentina and to establish guidelines on acceptable anonymization standards within the framework of the Personal Data Protection Law of Argentina (Law 25,326). Malaureille stated, “This complaint seeks to establish a legal precedent that will guide future regulations and practices in the field of AI and data protection in our country.” Monastersky added, “We mustn’t fall behind in protecting the digital rights of our citizens.”

International Context

This move aligns Argentina with other countries like the EU, Brazil, and Nigeria, which are also scrutinizing Meta’s data practices. Recently, Brazil’s data protection authority (ANPD) forced Meta to suspend the operation of “Meta AI” in the country and imposed a potential fine of 50,000 reais per day for non-compliance. In Europe, Meta decided not to launch its multimodal AI models due to the unpredictable regulatory environment, with concerns expressed by Rob Sherman, Meta’s director, about Europe being left out of advanced AI development.

Implications for Argentina

The outcome of this complaint is expected to significantly impact the landscape of AI innovation and data protection in Argentina. Malaureille and Monastersky emphasize the need for legislative action to address the draft reform of Law 25,326, warning that the gap leaves Argentina vulnerable. They argue, “The absence of updated legislation in this field places citizens at risk of potential abuse by multinational companies that handle large volumes of personal information.”

As the AAIP begins evaluating the complaint, Argentina’s technological and legal communities are closely monitoring the case, aware of its potential to shape future regulations and practices in AI and data protection. The decision could pave the way for stronger safeguards for personal data and influence how AI technologies are developed and deployed in the country.

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