The Brazilian Superior Court, located in Brasilia, the last instance for discussions of decisions that contravene federal laws, has recently decided that the Internet service provider company must keep registration data of its users, even if the use has had occurred before the promulgation of the Brazilian Civil Rights Framework for the Internet (in force since 2015), on pain of liability.
The dismissed case was about a requirement of information about an invasion occurred in an e-mail. The company argued that the data storage was not a legal requirement in 2009, when the invasion happened, but the judges understood that it was already an obligation, according to the Brazilian Civil Code, in force since 2002.
Thus, according to the Brazilian Superior Court, the internet service provider company had to keep that information during the prescriptive period of any civil remedy action, in order to enable the user’s identification.
The article 1.194 of the Brazilian Civil Code foresees the need for a specific company maintain intact physical documents, but the judges have understood that such legal article must also be applied to virtual issues.
So, that decision of the Brazilian Superior Court, recently published, indicates a sort of responsibility of the internet service provider companies in many cases of unfair competition occurred in the digital world, mainly in cases of industrial espionage involving trade secrets, what turns it in an important legal precedent for Digital Law in Brazil.
It is important to indicate that the Brazilian Civil Rights Framework for the Internet requires the data storage of the users for only one years. So, this decision demonstrates that the internet service provider companies must observe also what is written in the Brazilian Civil Code, in order to avoid responsibilities.
Lawyer Author of the Comment: Rodrigo Britto de Albergaria
Headline: “Provedor de internet tem obrigação de fornecer IP de usuário que invadiu e-mail”
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”