It is up to the technology company to adopt the best security procedures and defense of the privacy of its users. This is how the 28th Chamber of Private Law of the Court of Justice of São Paulo understood when condemning Facebook, owner of WhatsApp, to indemnify a user who had the messaging app cloned by embezzlers.
The compensation for moral damages was fixed at R$ 4 thousand. In the first degree, compensation was denied, as the magistrate considered that the author of the action failed to activate the “two-step verification” security system, facilitating the cloning of WhatsApp. But the TJ-SP understood that, as informed by the company itself, the procedure is optional.
“You cannot penalize the author for not having done something that was merely optional. This would be equivalent to accepting as reasonable that a company that operates an amusement park, for example, allows visitors to use, or not, seat belts in attractions, at their own discretion, which is not conceivable”, said the rapporteur, judge Angela Lopes. .
For the magistrate, it was up to WhatsApp to adopt, in a uniform and cohesive way, the best security procedures and defense of the privacy of its users, “which, it is noted, does not do”. Lopes stated that the company did not prove that the author, despite not having activated the two-step verification system, had directly and effectively contributed to the cloning of the application, “a situation that cannot be assumed”.
“In this way, and considering the tangible concern, embarrassment and apprehension suffered by the author due to the defendant’s safety failure, compensation for moral damages, in an amount equivalent to R$ 4 thousand”, concluded the rapporteur. The decision was unanimous.