Meta Faces An €805 Million Fine In Italy Over Facebook’s Android Photo Access

Italy’s data protection authority has fined Meta Platforms Ireland Limited €805 million, saying Facebook’s Android app accessed users’ photos and videos for gallery suggestions without specific consent and with the feature switched on by default. The Garante’s November 14, 2026, announcement orders Meta to change how it obtains permission and to keep the feature off by default; Meta plans to appeal.The case concerns Facebook’s Android feature “Get tips from your gallery while browsing Facebook,” available since 2023. It suggests photos and videos stored on a user’s phone for possible posting. The Garante said the app relied on a permission covering the entire app and several functions, preceded by a generic notice to “enable other features.” It said users were not properly informed that granting access also enabled gallery suggestions. The authority said the feature was active by default. It also said that, when the relevant permission is fully granted, the app can read the phone’s entire photo archive, “usually permanently.” The regulator said users and the authority could not verify which information was actually being used. These are findings described in the Garante’s press release; the full decision was not yet published on its website as of 21:27 UTC on November 14. The Garante ordered Meta to seek separate, specific consent and keep the feature off by default within 60 days, including for people who had already granted the broader permission. Meta must report within 30 days on steps it has started and within 90 days on steps taken. Reuters reported that a Meta spokesperson called the fine “disproportionate” and said the company would appeal.

Before you orderOffer from Amazon

Get the latest gadgets delivered free with Prime

• Fast, free delivery on millions of items
• Prime Video, Amazon Music and more included
• Member-only deals all year

Start your free Prime trial →Free trial for eligible customers · Cancel anytime

As an affiliate, we earn on qualifying purchases.Hide

What the Consent Order Changes

The ruling focuses on how an app obtains access to personal data: a general permission and a vague prompt may not tell people that a particular feature will use their photos. The Garante said access to a phone falls within the private sphere protected under Article 122 of Italy’s Privacy Code, which implements the EU ePrivacy Directive, and requires free and informed consent. For Android users in Italy, the order would change the feature’s starting setting and require a distinct choice before gallery suggestions are enabled. That is relevant beyond Facebook because many mobile services ask for access to device content. The case puts a substantial financial penalty behind the regulator’s view that users must understand what a permission covers. The fine is about 0.47% of Meta group global revenue, according to the source material. Al Jazeera described it as the largest fine ever imposed by the Italian regulator; the Garante’s press release announcement did not make that comparison. The amount and order are subject to Meta’s announced appeal, so the case may continue through legal proceedings.

Products Worth Considering

Bose Smart Dolby Atmos Soundbar, All-in-One Soundbar for TV, A.I. Dialogue Mode, Voice Control and Amazon Alexa Built-in, Supports Bluetooth

AmazonView Latest Price

Samsung Galaxy Tab A11+ Kids Edition, 128 GB Android Tablet, Royal Blue

AmazonView Latest Price

Logitech MX Keys S Combo Wireless Keyboard and Mouse, Graphite

AmazonView Latest Price

As an affiliate, we earn on qualifying purchases.

How the Investigation Began

The Garante said its investigation began in July 2025, following a report from the Bolzano Consumer Protection Center, and included the authority’s own technical analysis. The regulator’s November 14, 2026, press release describes the findings and orders, but the full decision was not available on its website at the time reported in the source material. The legal basis cited is Article 122 of Italy’s Privacy Code. The Garante said the provision 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 case concerns the Android gallery suggestion feature and the way its access was presented and enabled. The Garante’s press release gives the number of Android users in Italy involved as around 20 million. For historical comparison, the same authority fined Facebook €1 million in June 2019 in the Cambridge Analytica case, under Italy’s former privacy code. The two cases concern different findings and legal circumstances; the older fine does not establish how the current appeal will be resolved.

Questions the Ruling Leaves Open

The full written decision was not yet published on the Garante’s website at 21:27 UTC on November 14, 2026, according to the source material. The press release does not provide the full reasoning behind the penalty calculation or the detail needed to assess the regulator’s findings against Meta’s arguments. Meta has said it will appeal, but the source material does not specify where or when it will file, what arguments it will make, or whether the order will be suspended while proceedings continue. It is also not yet clear how Meta will implement the consent request across users who previously granted the broader Android permission. 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; its status and scope are not established by this decision.

Appeal and Compliance Deadlines

Meta’s announced appeal is the next legal step, though a filing date and the appeal forum were not specified in the available material. The Garante’s order sets near-term compliance milestones: Meta must report within 30 days on what it has started and within 90 days on what it has done. Within 60 days, the company is required to request separate, specific consent and keep the gallery suggestion feature switched off by default, including for users who already granted the broader permission. The full decision, Meta’s appeal filings, and any subsequent Garante statements could clarify how those requirements will be applied while the dispute proceeds.

Key Questions

Why did Italy fine Meta €805 million?

The Garante said Facebook’s Android gallery suggestion feature accessed photos and videos without specific consent and was active by default. The fine applies to Meta Platforms Ireland Limited.

What did the Garante order Meta to change?

Within 60 days, Meta must seek separate, specific consent and keep the feature off by default, including for users who previously granted the broader Android permission. It must also report on its steps within 30 and 90 days.

Will Meta challenge the fine?

Yes. Reuters reported that a Meta spokesperson called the fine “disproportionate” and said the company would appeal. The filing date and legal arguments were not specified in the source material.

Did the case find that Meta used gallery photos to train AI?

No. The source material says the decision did not cover AI training. Meta denies using the gallery content for that purpose, and a separate cloud processing feature launched in 2026 may be assessed separately.

How many users were affected?

The Garante said around 20 million Android users in Italy were involved. The source material does not give a more precise count or explain how that figure was calculated.

Source: Thorsten Meyer AI