Facebook is not obliged to store user registration data
Feb 20, 2024 8:44:22 GMT
Post by xyz3400 on Feb 20, 2024 8:44:22 GMT
There is no legal provision in the Marco Civil da Internet that obliges Facebook, as an application provider, to store user registration data and the logical port of origin, considering that the technical data is related to the internet connection, so there is no way to determine the provision of this information. reproduction According to TJ-SP, Facebook is not obliged to store user registration data This was understood by the 2nd Chamber of Business Law of the São Paulo Court of Justice when partially granting an appeal by Facebook against a first-degree decision that had determined the provision of the source logical port and available registration data, such as ID and CPF, of users of fake pages. The decision was made in a lawsuit filed by the Brazilian Pay TV Association against a Facebook page with pirated links to access cable TV channels.
According to the rapporteur, judge Grava Brazil, in relation to the determination of providing registration data of users who made use of the false page, “it is certain that the obligation of the appellant, as application provider, is limited to maintaining records of access, that is, the set of information relating to Honduras Mobile Number List the date and time of use of a specific internet application from a specific IP address, within a period of six months”. The rapporteur cited precedents from the TJ-SP itself in the sense that the application provider (and not the connection provider), as is the case with Facebook, has no obligation to store the data requested by the author of the action. According to Grava Brazil, the Marco Civil da Internet does not present a legal provision for Facebook to collect and store users' logical port data. The decision was unanimous.
The invalidity regime, by Erasmo Valladão On August 14, USP Commercial Law professor Erasmo Valladão presented the invalidity regime of the Corporation Law, highlighting that this is the only topic mistreated in the “legislative monument that is the Corporation Law”. For the lawyer, article 286 of the Brazilian Corporation Law deals with three different defects, which have equally different consequences. While the recognition of defects in a meeting, irregularly convened or installed, leads to the annulment of all its deliberations, the specific defects of a deliberation are subject to the invalidity “solely and exclusively of the deliberation that was taken against the law or statute”. In relation to voting defects, riddled with error, fraud, fraud or simulation, Valladão stated: “If this was decisive for the formation of the majority, the deliberation fails”. See the full presentation here.
According to the rapporteur, judge Grava Brazil, in relation to the determination of providing registration data of users who made use of the false page, “it is certain that the obligation of the appellant, as application provider, is limited to maintaining records of access, that is, the set of information relating to Honduras Mobile Number List the date and time of use of a specific internet application from a specific IP address, within a period of six months”. The rapporteur cited precedents from the TJ-SP itself in the sense that the application provider (and not the connection provider), as is the case with Facebook, has no obligation to store the data requested by the author of the action. According to Grava Brazil, the Marco Civil da Internet does not present a legal provision for Facebook to collect and store users' logical port data. The decision was unanimous.
The invalidity regime, by Erasmo Valladão On August 14, USP Commercial Law professor Erasmo Valladão presented the invalidity regime of the Corporation Law, highlighting that this is the only topic mistreated in the “legislative monument that is the Corporation Law”. For the lawyer, article 286 of the Brazilian Corporation Law deals with three different defects, which have equally different consequences. While the recognition of defects in a meeting, irregularly convened or installed, leads to the annulment of all its deliberations, the specific defects of a deliberation are subject to the invalidity “solely and exclusively of the deliberation that was taken against the law or statute”. In relation to voting defects, riddled with error, fraud, fraud or simulation, Valladão stated: “If this was decisive for the formation of the majority, the deliberation fails”. See the full presentation here.