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AII-1002-48899
Under investigationA regulator, court or police has opened a formal inquiry and reached no finding yet.

X changes privacy policy to require user data for AI training without opt-out

X changed its privacy policy to mandate the use of user data for training its internal AI models without providing an opt-out option, effective November 2024. Brazil's data protection authority launched an investigation into whether the policy complies with the country's data protection law, which grants users the right to object to data processing.

18 October 2024 · X · Privacy and surveillance
18 October 2024
AII-1002-488992 sources ↓
Quick facts
Category
Privacy and surveillance
Country
Brazil
Source
Olhar Digital - O futuro passa primeiro aqui
Date
18 October 2024
Drafted by
Raidu Incident Detection

What happened

X announced changes to its privacy policy effective November 15, 2024, that would require the use of user data for training the platform's internal machine learning and AI models without providing users an opt-out option.

The policy previously allowed users to opt out of sharing data with third parties for AI training, but the new policy eliminates the opt-out for X's own internal AI systems, including Grok.

Reported impact

All X users will have their data used to train X's internal AI systems regardless of their preferences, generating concern among privacy experts and users about loss of control over personal data.

Index analysis

Legal experts stated the policy violates Brazil's Lei Geral de Proteção de Dados (LGPD), which guarantees Brazilian citizens the right to object to data processing.

The only way to avoid data collection would be to stop using the platform entirely.

Governance controls

Brazil's Autoridade Nacional de Proteção de Dados (ANPD) summoned X representatives to explain the new rules in October 2024 and indicated it could take additional measures if grave risks to data protection were identified. The ANPD stated it initiated an investigation in July to assess compliance with LGPD regarding personal data use for generative AI training.

Classification

Category
Privacy and surveillance
Industry
Media, social platforms and marketing
Country
Brazil
Harm status
Potential harm
Intent
Intentional
Timing
Unknown
Harm types
Human or fundamental rights
Harmed
Consumers
Failure modes
Training data misuse
Consequences
Regulatory investigation
AI systems
Grok, X machine learning models
Regulations
GDPR (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

Olhar Digital - O futuro passa primeiro aqui
Mudança no X: é melhor você ler os termos de uso antes de aceitar
18 October 2024
Canaltech
ANPD vai convocar X para explicar regra sobre treinamento de IA
21 October 2024