Brazil: Issued Federal Court ruling prohibiting Whatsapp from sharing Brazilian user data with Meta for advertising purposes

Description

Issued Federal Court ruling prohibiting Whatsapp from sharing Brazilian user data with Meta for advertising purposes

On 14 August 2024, the Federal Court in São Paulo, Brazil, issued a ruling against WhatsApp, prohibiting the messaging service provider from sharing Brazilian users' data with other companies within the Meta Group for advertising purposes. The ruling was issued following a lawsuit filed by the Federal Public Prosecutor's Office (MPF) and the Consumer Defense Institute (Idec) and mandates that WhatsApp's data processing rules in Brazil align with those of the European Union. Furthermore, WhatsApp is required to introduce, within 90 days, a feature allowing users to opt out of the 2021 privacy policy. The lawsuit alleged that WhatsApp's data collection and sharing practices violate the General Data Protection Law (LGPD), the Internet Civil Rights Framework, and the Consumer Defense Code. Additionally, the MPF and Idec seek BRL 1.733 billion in compensation for collective moral damages, in line with the fines imposed on WhatsApp in Europe for similar violations.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
messaging service provider
Implementation Level
subnational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2024-07-16
under deliberation

On 16 July 2024, the Federal Public Prosecutor's Office (MPF) and the Consumer Defence Institute (I…

2024-08-14
under investigation

On 14 August 2024, the Federal Court in São Paulo, Brazil, issued a ruling against WhatsApp, prohib…