After the Senate removed the possibility of requesting an ID and a social security number from social media users in the PL for fake news, the House of Representatives made a similar proposal. A bill wants more mechanisms for identity verification. To this, text protects the user’s CPF collection, address and even fingerprints.
User data collection is provided in PL 3627/2020, presented in July 2020 by Deputy Nereu Crispim (PSL-RS). The proposal defended inclusion of an article on the Marco Civil da Internet to specify that social networks must “ensure a clear identification of all users with active profiles in their application”.
With that, platforms will begin to ask for the name, CPF or CNPJ, home and occupation addresses, and a photo of the user or profile administrator. In the case of individuals, social media should also collect the user’s fingerprints. If the account holder is under 18 years of age, the platforms will also have to request the same information from the legal guardian.
The document states that existing social media users will be required to provide their data within 60 days after the law is passed. In return, the platforms will have an obligation to block the publication of posts, comments, and messages from users who do not provide information or who do so with false or unverified data.
The project also established that social networks would have to provide tools to record occurrences in case of anti-honor crime or threats occurring on the platform. As suggested, these tools should allow content (messages, posts, and comments) to be used as evidence.
The proposal also protects the lifting of a number of penalties specified in the Penal Code. According to the document, slander, libel, injury and threatening crimes tripled if they were committed on social media.
In his justification, the deputy minister defended the project by saying that the internet is used all the time to carry out new cybercrime and in propagating hate speech. He also pointed to the proliferation of robots and fake profiles on social media that could decide elections.
“In all of these cases, one essential element for cybercriminals to succeed: it’s network-granted anonymity,” said Crispim. “Social media does not identify who owns the profile, like a rifle used to commit crimes and makes it difficult to identify the offender.”
Bill opposes LGPD
The proposal to ask social networks to collect more data from users goes against the General Data Protection Law (LGPD). The regulation that comes into effect in September 2020 defines that data processing must respect, among other things, the necessary principle.
According to LGPD, there should be a focus on “limiting processing to the minimum required to fulfill its purposes, with the coverage of relevant data, scaling and not excessive”. In short, the orientation is that platforms do not require users to provide more data than they need to deliver a service.
PL 3627/2020 is awaiting analysis by two committees in the Chamber and must be voted in front of the plenary. If the proposal is approved by the delegates, it is passed to the Senate and then approved or vetoed by the President of the Republic.