The Superior Court of Justice (STJ, Brazil’s highest appellate court for non-constitutional matters) has begun examining a case on privacy boundaries on digital platforms. The court is reviewing whether ride-hailing companies, such as Uber, can be required to provide the data of passengers who posted negative reviews about services received.
The threshold of evidence of an unlawful act
During the proceedings, the reporting justice delivered a vote establishing a clear limit for the disclosure of such information. Under this proposed standard, the platform should only be required to release user data if there is some evidence of an unlawful act.
In practice, this indicates that a simple negative review or low rating would not be sufficient justification to expose a passenger’s identity. Disclosing this information would require elements pointing to an infraction or improper conduct by the reviewer.
Suspension due to request for more time
However, the case does not yet have a final decision. The judgment was suspended following a request for examination (pedido de vista). This procedural step occurs when one of the court’s justices requests more time to analyze the case details before casting a vote.
The outcome of this debate will be closely monitored by the technology sector. The STJ’s final ruling will help guide corporate privacy policies and how digital platforms handle judicial requests for user data in Brazil.
This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.
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