Apple in Hot Seat: Brazil Slaps Apple with Fines for FaceApp Data Misstep

Key Points

• Apple and Google have been fined R$19 million ($3.1 million) by a Brazilian court for allowing the FaceApp app to improperly collect user data without consent.
• The judge’s decision orders both companies to pay compensation to individuals who downloaded and used FaceApp in Brazil since June 2020.
• The court holds both Apple and Google responsible for distributing FaceApp, which violate Brazilian laws prohibiting the massive collection of personal data without user consent.

Apple and Google have been penalized in Brazil for their roles in distributing FaceApp, a popular photo editor app that has been accused of questionable privacy policies. A judge has ruled that both companies failed to comply with Brazilian laws by allowing FaceApp to collect sensitive data from its users without consent. The fine stands at R$19 million (approximately $3.1 million), and each individual who used FaceApp since June 2020 will be eligible for R$500 ($82) in compensation.

According to the Brazilian Civil Rights Framework for the Internet, platforms like Apple and Google are prohibited from collecting personal data on a large scale without explicit user consent. FaceApp did not provide clear terms of use and privacy policies in Portuguese, further violating local laws. Moreover, the app has a history of collecting data without consent and storing user images on its servers.

Apple argues that it had no control over FaceApp’s terms of use and privacy policies, as they are maintained by a third party. Google makes a similar point, claiming it only distributes apps through Google Play and is not responsible for their terms of use. However, the judge rejected these arguments, stating that both companies played a significant role in the consumer chain, providing the infrastructure and conditions for FaceApp’s operation, which contributed to the app violating Brazilian laws. Apple and Google can still appeal the decision, but for now, they have been ordered to pay the hefty fine.

Users should be vigilant when using any app, even popular ones, and carefully read the terms and conditions before allowing access to sensitive data. Furthermore, it is essential to exercise caution when clicking on links, downloading apps, and sharing information online. Additionally, it may be a good idea to report any suspicious app behavior to relevant authorities and disable any unnecessary location services or app permissions.

Next time you reach for your iOS device, make sure to verify the app you’re about to download and enable location services cautiously.

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