Newsletter – MPDFT investigates brazilian company that tracks users’ location

 

In September, the Personal Data Protection Commission, created at the end of 2017 by the Public Prosecutor’s Office of the Federal District and Territories (“MPDFT”), has initiated a public civil inquiry to investigate the collection of Brazilians’ personal data by the company In Loco Tecnologia da Informação.

The investigation was established by Ordinance No. 16/2018, based on news published by the media about a startup in Pernambuco that would have developed a geolocation system for internal and external environments that is up to thirty times more accurate than a GPS.

The news informed that the company currently tracks sixty million cellphones, following every step of the users. The technology would rely on a network of more than 500 partner apps, so that by downloading these apps, the user allows the full-time tracking of all their steps by the company.

MPDFT’s inquiry was based on the Brazilian Federal Constitution, which establishes the inviolability of privacy, the Consumer Protection Code, which regulates the collective defense of consumer rights, the Brazilian Internet Bill of Rights and its regulatory decree, which determine the non-provision of personal data to third parties, except through free, express and informed consent, as well as Law 13,709/18 (Brazilian General Data Protection Law), which will come into force in February, 2020.

Based on that, the Personal Data Protection Commission will investigate the use of user’s personal data by the company to ascertain eventual liabilities.

In case of any doubts about this subject, please do not hesitate to contact us.

 

 

KEY CONTACT:

Paula Mena Barreto
Partner
T: +55 21 3262-3028
E: paula.menabarreto@cmalaw.com