 "Apple & Google to be fined in Brazil because of privacy nightmares from FaceApp")
Apple and Google have landed in hot water in Brazil due to privacy violations linked to the popular but controversial app, FaceApp. A Brazilian judge has ordered both tech giants to pay fines for distributing the app, which allegedly exploits user data without proper consent.
Although neither company is directly involved in the app’s development, their role in making it available on their platforms has made them accountable under Brazilian law.
FaceApp’s privacy issues raise alarms
FaceApp, an app known for its dramatic photo-editing features like ageing effects and facial transformations, has once again stirred controversy. While it may seem like harmless fun, regulators in Brazil have accused the app of engaging in deceptive practices to collect personal data. By using loopholes in its terms of service (ToS), the app reportedly gains access to user data under false pretences.
The situation is exacerbated by the lack of a translated ToS in Portuguese, which prevents Brazilian users from fully understanding the app’s privacy implications. Judge Douglas de Melo Martins highlighted that Brazilian law prohibits the improper collection of personal data without informed consent, making FaceApp’s practices a clear violation.
Fines and wider implications
Apple and Google have been fined around $3.1 million for hosting the app in their stores, a relatively small amount for these tech giants. However, the judge has also imposed a secondary penalty, ordering the companies to pay roughly $82 per user who downloaded FaceApp in Brazil since June 2020. This could significantly increase the financial stakes, especially if the number of users turns out to be substantial.
Both companies are expected to appeal the decision, and the case could have far-reaching consequences. If the ruling is upheld, it might set a precedent for holding app distributors accountable for privacy violations, not just in Brazil but potentially in other jurisdictions as well.
Future challenges for Apple and Google
Beyond this case, the Brazilian regulator CADE is also pushing to force Apple to allow sideloading, which would let users install apps like FaceApp directly, bypassing the App Store. This could complicate efforts to regulate apps with questionable practices, as sideloaded apps wouldn’t face the same scrutiny.
For now, the ruling has sparked discussions about the responsibilities of platform providers like Apple and Google. As privacy concerns grow globally, this case could be a wake-up call for tech companies to tighten their oversight of apps hosted on their platforms. Whether it leads to significant changes remains to be seen, but the spotlight on privacy violations isn’t dimming anytime soon.
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