Italy Fines Meta $887 Million for Reading Phone Photos Without Consent
Italy's privacy regulator fined Meta €805 million after finding Facebook read Android users' photos without consent, in the regulator's largest fine ever.
Image: Wikimedia Commons / Sshanghai
ROME — Italy’s data protection authority fined Meta €805 million ($887 million) on Saturday, November 14, after finding that the Facebook app on Android phones read users’ photographs and videos without their specific consent. The Garante per la protezione dei dati personali said the penalty, the largest it has ever imposed, covered a feature reaching into the phone galleries of about 20 million Android users in Italy.
The feature, “Get suggestions from your gallery when you browse Facebook”, has been on by default since 2023. It offers photos and videos from a phone’s gallery as post ideas while the user browses. The Garante found access came through a single app-wide permission, with a generic notice that did not explain that use.
Key Takeaways
- Italy fined Meta Platforms Ireland Limited €805 million ($887 million), the regulator’s largest penalty ever.
- About 20 million Android users in Italy were affected; the feature was on by default since 2023.
- Meta has 60 days to switch the feature off by default and seek separate consent.
- The case did not examine AI training use of gallery content; Meta denies it.
What Facebook’s Gallery Feature Did and Why Italy Ruled It Unlawful
The Garante’s case turns on consent. When users granted gallery permission, a single prompt covered the whole app and several functions with different purposes. The authority said that generic permission did not let users make an informed choice about the specific feature scanning their gallery.
The decision rests on Article 122 of Italy’s Privacy Code, which implements the EU’s ePrivacy rules on accessing information stored on a person’s device. An operating-system permission is not informed consent for every use of a phone’s contents; each use needs its own clear explanation. The full decision is published on the Garante’s official website.
The investigation began in July 2025, after a complaint from a consumer protection centre in Bolzano. In setting the fine, the Garante weighed the number of people affected, the length of the infringement, a prior 2019 penalty, and what it called a lack of cooperation. The ruling does not settle whether photos were used to train AI models; that question was not examined, and Meta denies it.
How the €805 Million Meta Fine Compares With Past Penalties
At €805 million, the penalty equals about 0.47 per cent of Meta’s global revenue, the authority said. Meta reported 2025 turnover of $201 billion.
| Penalty | Authority | Date | Amount | Issue |
|---|---|---|---|---|
| Meta, Italy | Italian Data Protection Authority | November 2026 | €805 million ($887 million) | Gallery access without specific consent |
| Meta, New Mexico | New Mexico court | October 2026 | $25 billion | Misleading residents over data use |
The New Mexico order, issued in late October, is the largest data-privacy penalty Meta has faced: $25 billion for misleading residents about their data for a decade. The Italian fine is the second major penalty against the company in less than a month. Meta has been expanding privacy controls, including age checks on Instagram, while shipping products such as its cheapest AI model.
What Facebook Users Should Do After the Meta Photo Privacy Fine
The order applies formally to Italy, but the feature exists in the Facebook app wherever it is installed, so users elsewhere may want to check their settings. On Android, the gallery permission can be reviewed in the phone’s settings, and the suggestions option can be switched off inside Facebook.
Within 60 days, Meta must keep the feature off by default and may only switch it back on with a separate consent request. That deadline falls in mid-January 2027. A single broad permission is no longer treated as consent for every feature using the same data.
Frequently Asked Questions
Was Facebook reading my photos without my permission?
In Italy, the authority found the app accessed photos, videos and metadata from about 20 million Android users without specific consent.
How much is the Meta fine in Italy in US dollars?
The fine is €805 million, about $887 million, or roughly 0.47 per cent of Meta’s global revenue.
What does the Italy Meta fine mean for Facebook users in the US?
The ruling covers Italy, and no US action has been announced. The same feature exists in the US app, so American users may want to check their settings.
Can Meta appeal the €805 million Italy fine?
Yes. Meta has the right to appeal, and it has 60 days to switch the feature off by default.
Meta has not yet replied to requests for comment. The 60-day deadline falls in mid-January 2027.
