The State Court of Santa Catarina recognized that Facebook does not have the legal liability of providing data beyond registrations of access to application, nor of retaining registrations created more than six months ago. In this case, the author of the claim required the disclosure of the offender’s identifiable personal data, such as IP address of the last ten accesses, geographic location of the computer and identification of the access provider.
Facebook only provided the e-mail and user’s IP addresses, under legal ground that social media is not compelled to keep data on its server except for those referring to registration of access to the application, which would infringe the article 7 of the Law 12,695/2014, known as the Brazilian Civil Rights Framework for the Internet or Marco Civil da Internet, which ensures privacy rights to their users. Additionally, Facebook alleged that did not provide all the required data because of a real impossibility, grounded on the rule of article 10 of the Law, which provides that application providers are not bind to retain registrations of access for more than six mouths.
The magistrate confirmed that is not necessary any exceptional circumstances capable of justifying the impossibility of Facebook providing the rest of the data, because the applicable laws did not bind the content provider to keep additional data for more than six months.