Barred during the discussions in the PL of the fake news, the Chamber of Deputies raised another proposal that imposes the collection of CPF, address and even digital printing by social networks. Presented by deputy Nereu Crispim (PSL-RS) in July 2020, the imposition would take place through an article in the Marco Civil da Internet, aiming to “guarantee the unequivocal identification of all users who have active profiles in their applications”.
The deputy’s suggestion is provided for in PL 3627/2020. The project proposes the inclusion of an article in the Marco Civil da Internet that determines that social networks “guarantee the identification” of users through official documents – such as name, CPF and CNPJ – and require extra information, such as home and professional address, and photo of the user or profile administrator.
The bill becomes even more invasive by mentioning the user’s fingerprint collection as an alternative for identification. In parallel, users under 18 should submit information from their legal guardians to ensure access to the platforms.
Still in the document, it is required that current users of social networks have their data collected within 60 days after the law is passed. On the other hand, platforms should block the creation of new publications, comments and messages from users who have not submitted their documents; presented false data or unverifiable content.
As a consequence, sending messages and interacting with publications could be used as evidence to investigate crimes against honor or threats that occur on the platform. All this to try to contain the practice of cyber crimes and the spread of hate speech, in addition to pointing out the spread of robots and false profiles as one of the factors that interfere in elections.
Project in confrontation with the law itself
Since its initial text, Nereu Crispim’s project goes against the General Data Protection Law (LGPD). The regulation came into force in September 2020 and sets standards for the treatment of Brazilian data on the internet – among them, the principle of necessity.
In its text, the regulation determines that data collection should be kept to a minimum, assessing the purpose of the service for the amount of data collected. Social networks, in turn, have no purpose that requires the collection of documents.
Even so, PL 3627/2020 awaits analysis by two committees in the Chamber and would still be put to a vote by both deputies and the Senate, only then to be forwarded for approval by the President of the Republic.