Apple and Google Fined R$19M Over FaceApp Data Collection
A Brazilian court condemned Apple and Google to pay R$19 million in collective damages for distributing FaceApp, which collected user photos and personal data without proper consent and presented privacy policies only in foreign languages. Users who downloaded the app through their platforms until June 2020 are eligible for individual compensation of R$500.
What happened
The FaceApp image editing application was found to collect user photos and personal data stored on its servers without proper user consent.
Apple and Google were held liable for distributing FaceApp through the App Store and Google Play, respectively, because the app presented terms of use and privacy policies in foreign languages and shared user information with third parties without explicit consent.
Reported impact
Users who downloaded FaceApp through the App Store or Google Play until June 1, 2020 are eligible to receive individual compensation of R$500 per person.
Index analysis
Judge Douglas de Melo Martins of São Luís determined that FaceApp did not comply with Brazilian legislation, specifically the Marco Civil da Internet and the Consumer Protection Code (CDC).
The judge stated that use of personal data must be linked to a legitimate and specific purpose, observing principles of necessity, adequacy and proportionality.
Governance controls
Apple Computer Brasil Ltda and Google Brasil Internet Ltda are prohibited from offering FaceApp on their platforms until the application achieves full compliance with Brazilian legislation on transparent information and data protection.
Classification
Sources and evidence
Sources not yet published
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