Publications

São Paulo subway becomes target of legal action over use of users' images

March 9, 2022

By: Leonardo Neri

On March 3, 2022, a public civil action was filed against the São Paulo Metro, which aims to prohibit the collection and registration of users' faces without consent. Currently, approximately 4 million faces have been registered daily without the authorization of data owners.

The underground transport company claims that such an act is done solely on the basis of public social security.

Thus, the claim in the lawsuit is that basic compliance with information collection was not achieved, as well as that there was a lack of privacy and protection of data related to children and adolescents.

The documentation presented in the records is based on disrespect for the LGPD, the ECA, CDC and the Federal Constitution itself, in addition to international treaties to which Brazil is a signatory.

The lawsuit filed before the Public Treasury Court of São Paulo aims to exclude this activity, combined with the payment of collective moral damages in the amount of R$$42.8 million.

Finally, the São Paulo Metro advisory board reiterated compliance with the legal requirements for applying related standards, as well as implementing monitoring, in addition to modernizing its internal systems in order to reduce public safety risks, such as harassment, sexual harassment, theft and robbery on platforms and in carriages.

Source: https://noticias.uol.com.br/colunas/leonardo-sakamoto/2022/03/03/metro-de-sp-e-alvo-de-acao-inedita-que-pede-fim-do-reconhecimento-facial.htm

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

Related Areas

Related Professionals