Apple and Google have been slapped with a fine of R$19 million (approximately US$3.1 million) in Brazil after a judge determined that the companies facilitated the controversial photo editing application, FaceApp, in improperly collecting data from its users. The app has a notorious reputation for dubious privacy practices.
Apple and Google penalized in Brazil over FaceApp
According to UOL, Judge Douglas de Melo Martins declared this week that both Apple and Google share responsibility for the distribution of FaceApp, which is accused of “improperly collecting sensitive data” from its users. The judge posits that the photo editing application contravenes the Brazilian Civil Rights Framework for the Internet, which governs the use of the internet and digital platforms within the country.
Brazilian law expressly prohibits platforms from engaging in “massive and improper collection of personal data” without the explicit consent of users. The app’s failure to comply with these regulations is further compounded by its lack of available terms of use and privacy policy in the Portuguese language.
In addition to the imposed fine, the judge’s ruling also mandates that Apple and Google compensate each individual in Brazil who has downloaded and utilized FaceApp since June 2020, with R$500 (US$82). In response, Apple has stated that it does not have authority over FaceApp’s terms of service and privacy policy, noting that the app is “distributed and maintained by a third party.” Apple also contends that the data collection practices adhered to “international standards.”
Google has similarly contested the verdict, asserting that it solely provides a distribution platform through Google Play and does not bear responsibility for FaceApp’s terms of use.
The judge maintained that both companies play a crucial role in the consumer chain, providing the necessary infrastructure and conditions for FaceApp’s operation. He asserted that Apple and Google contributed to the app’s violations of Brazilian laws. Both companies retain the option to appeal the ruling in court.
For those who are not familiar, FaceApp is a widely used photo editing application that enables users to modify their images with aging effects, skin smoothing, accessories, and more. It has gained significant popularity among teenagers. Back in 2019, FaceApp faced allegations of storing user photos on its servers without consent. Additionally, the FBI identified the app as a “potential threat” due to its connections to Russia.
FaceApp remains available for download on the App Store and is free to use, although it includes in-app purchases that can reach up to $100.
H/T: Thiago!
: . More.
