Giulia Keese Montanhesi
Lawyer at Marcos Martins Advogados
With the LGPD coming into force and considering the discussions on the processing of personal data, on October 23, 2020, the STJ published a new case law report, No. 680, which dealt, among other topics, with internet application providers and the provision of personal data on the world wide web.
Special Appeal no. 1.829.821-SP, reported by Justice Nancy Andrighi, of the Third Panel of the STJ, unanimously decided, on August 25, 2020, that “Internet application providers are not obliged to store and provide users’ personal data, the presentation of IP number records being sufficient.”
The case law of this Superior Court of Justice is consolidated in the sense that
“in order to fulfill its obligation to identify users who may publish content considered offensive by third parties, it is sufficient to provide the IP number corresponding to the offensive publication indicated by the party”.
It emphasizes, however, that the provider must take care to provide the means to identify each of these users, curbing anonymity and attributing to each manifestation a certain and determined authorship, which seems more compatible with the new legislation, since it provides an adequate balance between the privacy of the individual and the protection of the community.
