In Brazil, Apple and Google have been fined R$19 million (approximately US$3.1 million) following a judge’s determination that both companies played a role in enabling the controversial photo editor FaceApp to collect users’ data improperly. This application has a history of dubious privacy practices.
Apple and Google Fined in Brazil Over FaceApp
According to UOL, Judge Douglas de Melo Martins concluded this week that Apple and Google are liable for distributing FaceApp, which is alleged to have “improperly collected sensitive data” from its users. The judge asserts that the app violates Brazil’s Civil Rights Framework for the Internet, which governs internet and digital platform usage in the nation.
Brazilian law forbids platforms from “massive and improper collections of personal data” without explicit user consent. In addition to failing to comply with this regulation, the app does not provide a privacy policy or terms of use translated into Portuguese.
The ruling imposes not only a fine but also mandates that Apple and Google pay R$500 (US$82) compensation to each individual in Brazil who has downloaded and used FaceApp since June 2020. Apple responded by stating that it does not oversee FaceApp’s terms and policies as the app is “distributed and maintained by a third party.” The company also contends that the data collection was in alignment with “international standards.”
Google echoes this response, arguing that its role is limited to distributing apps via Google Play, and it should not be held accountable for FaceApp’s terms of use.
The judge remarked that both companies “actively participate in the consumer chain, offering the infrastructure and conditions for FaceApp’s operation.” He believes that Apple and Google facilitated the app’s violations of Brazilian laws. Both companies retain the right to appeal the ruling in court.
For those who may not know, FaceApp is a widely-used image editing application that allows users to modify and enhance their photos with age effects, skin smoothing, accessories, and various other features. It has gained immense popularity among teenagers. In 2019, FaceApp faced accusations of retaining users’ photos on its servers without obtain consent. The FBI even labeled the app a “potential threat” due to its connections to Russia.
Despite the controversies, FaceApp remains available for download on the App Store and is free for users, although it does provide in-app purchases priced as high as $100.
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