The new policy allows for the sharing of key personal data with its parent company Facebook (e.g., phone numbers and other data registered in the user’s account, information about the type of handset used, details about the usage patterns of the tool, photos of the users and their meta-data).
The new policy is due to take effect on February 8 and is mandatory for users who wish to continue using the service. It was recently reported that Facebook, was given notice by Procon-SP (the state agency in Sao Paulo dealing with consumer protection issues) requesting more information regarding the legal basis for the sharing of such data under the LGPD, as well as seeking an explanation of why the company allegedly treats customers differently in other regions.
The case highlights the strong connection between data protection and consumer issues in Brazil. Brazilian consumer protection authorities shall operate independently of the powers given to the Brazilian Data Protection Authority (ANPD) and they are currently taking on an important role in calling Brazilian companies to action by auditing them on data protection compliance and issuing penalties regardless of the fact that administrative penalties will only be issued by the ANPD from August 2021 onwards.