Judge orders Instagram to reactivate luxury accessories store profile

nadiyashultana1

Judge Vanderlei Caires Pinheiro, from the 6th Special Civil Court of Goiânia, ordered Instagram to reestablish the profile of a luxury clothing store, under penalty of R$700 per day if the platform does not comply with the order within five days.


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Virtual store sells luxury clothing and footwear, such as those from the Salvatore Ferragamo brand
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According to the Portugal Mobile Number List documents, Instagram took down the company's profile on the grounds that the photos of Salvatore Ferragamo brand pieces published by the store infringed copyright. The images, however, were produced by the owner of the e-commerce, who is one of the brand's official resellers in the country.

The court case was filed after a year of several attempts to reactivate the profile, without result.

When analyzing the request, the judge recognized the necessary requirements for granting urgent protection, as the removal of the profile results in the "loss of the promoter's livelihood, dignity, morality and reputation".

According to the retailer, 90% of his sales were made through the suspended profile, which had more than 50 thousand followers. The merchant was represented by lawyer Manoel Pereira Machado Neto .

According to Manoel Neto, the social network has been acting arbitrarily, making contradictory and broad defense impossible, causing losses to several companies and digital influencers. “Instagram is putting its rules above the Constitution. Contradictory and broad defense is necessary before deactivating the profile. In fact, the courts have been applying the Consumer Code also in the relationship between user and platform”, argues the lawyer.

Privacy risks were also analyzed and, according to the survey, 37.1% of respondents guarantee that privacy risk assessment and prevention processes are only part of internal planning. To demonstrate that this is a phase that still requires progress, another 19.6% state that they have not implemented the processes or that the implementation is not even part of the planning.

One of the points where the most precariousness is identified in adapting to the LGPD concerns the exercise of rights by the holder. Most organizations only plan to implement procedures that facilitate access, correction, portability, anonymization, blocking or deletion of information subject data.

In practice, 35.6% of respondents state that this implementation is only in planning; 23.3% already have mechanisms that guarantee access; 18.9% do not have one; another 18.9% partially own it and 3.3% were unable to provide information.
               


The survey also sought to find out whether organizations implemented business continuity management procedures that take into account possible cyber attacks. In this regard, only 38.8% of participants say they plan this implementation and 34.1% said they already have procedures available. Other than that, 21.2% do not have any system to resolve this issue and another 5.9% were unable to provide an answer.


Finally, the research also wanted to know if there is any internal software dedicated to managing organizations' privacy information. When asked the question, 39% of respondents say they do not have a technology solution dedicated to this management. 31.7% of responses state that the implementation of specific software is in planning; 25.6% already have the resource; and 3.7% were unable to provide a precise answer.