São Paulo State Court decides that "cloud" services are not required to store deleted data


São Paulo State Court decides that "cloud" services are not required to store deleted data


The 35th Chamber of Private Law of São Paulo State Court partially upheld the appeal brought by Apple in a lawsuit proposed by a user of the “iCloud” system that had its files stored in the cloud deleted, supposedly by a third party who was able to access such files without his consent.

The first-instance judge had decided that Apple should recover the data deleted in the cloud by a third party. In turns, the São Paulo State Court considered that the obligation to restore the data deleted in the cloud is impossible to comply, as it is incontrovertible that the data were excluded (even if by illicit committed by a third party) and Apple cannot store data deleted from its customers, which would be contrary to the contractual good faith.

On the other hand, it was determined that Apple should provide the electronic data of those who accessed the author’s cloud account on the period of time in which the data were deleted, as established in article 15 of Law 12,965/2014 (the Brazilian Civil Rights Framework for the Internet), which states that internet applications providers must preserve their records of access, under secrecy, in a controlled and secure environment for a period of six months.

*Written by Vitor Cunha