The Court of Justice of the State of São Paulo fined ViaQuatro, a concessionaire on line 4 – Yellow of the São Paulo Metro, by R $ 100,000. The decision announced on Friday, 7, refers to the facial recognition system that the company tested at train stations in 2018.
“Users were not warned or communicated in advance or later about the use or capture of their image by totems installed on the platforms, that is, users are not even aware of the practice carried out,” said Judge Patrícia Martins Conceição, who also banned the company to use the technology again. According to the opinion, it was proven that ViaQuatro did not ask passengers’ consent to obtain biometric data at Luz, Paulista and Pinheiros stations.
The technology was introduced in 2018, when the dealership notified advertisers that they could have data showing whether users paid attention to an advertisement and even whether they liked the advertisement or not.
Using “interactive doors” in the departure and arrival areas, the resource used cameras that can identify users’ expressions and capture the audience in real time to measure results. After the collection, a study of the passenger’s emotions, based on facial expressions, would be carried out, used by the concessionaire itself and passed on to advertisers.
But, as soon as ViaQuatro started testing the technology, and the Brazilian Institute for Consumer Protection (Idec) Idec filed a public civil action and, a month later, the Justice granted an injunction forcing ViaQuatro to disable the collection of information from passengers.
With a recent decision, facial recognition is a dead matter for ViaQuatro.
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