Clipping of news on Brazilian Culture, Law and Citizenship
06/05/2017
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Debate takes place on June 2 and 5; For Institute, application suspensions have been disproportionate and hurt consumer
A public hearing in the Federal Supreme Court (STF) begins on Friday (2) to discuss the legality of judicial decisions that block WhatsApp in Brazil. Idec was invited to take part in the debate, and will give a presentation on Monday (5), the date on which the hearing will be resumed.
Idec has already taken a stand on the issue on the two occasions WhatsApp has been suspended since it considers the locks to be disproportionate and harmful to consumers.
In both cases, WhatsApp was shut down for failing to provide message content in criminal investigations, causing disruption to millions of users who rely on the application as a basic communication tool.
In the STF, Idec will present all the legal arguments that support this positioning.
"First, it does not make sense to apply the punishment to internet application providers who use the technical means to just ensure the right to privacy provided in the Civil Registry of the Internet," explains Idec lawyer Rafael Zanatta. "Second, the blockade is not proportional to the seriousness of the infringement committed by the company," he adds.
Important debate
The STF debate was convened by Ministers Edson Fachin and Rosa Weber and originated in the Arbitration of Non-Compliance with Fundamental Precept (ADPF) No. 403, proposed against decisions to block or suspend applications.
During the two-day hearing, representatives of government, non-governmental organizations, experts, business and civil society representatives will be able to present their case to the ministers.
The audience is of great importance to Idec, which has monitored the jurisprudential development on blocking applications and acted on public debate.
"The inviolability and secrecy of private communications is a right guaranteed in the use of the internet. A company could only be punished if it violated privacy rules and protection of personal data," Zanatta adds.
Source: Idec
To access the Idec site, click here.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.