Elections 2020: SP deputy investigates alleged mass shooting on WhatsApp and scraping of voter data on social networks | 2020 elections in São Paulo

The alleged offer of these services was disclosed by the newspaper “Folha de S.Paulo”. According to the report, published on Tuesday (6), at least 5 are offering the service to candidates.

“We believe that it is better to start the preparatory process to investigate if there is an irregularity,” he said Wednesday. G1 the prosecutor Fábio Bechara, from the 1st Electoral Zone of São Paulo, one of those responsible for the investigation.

The MPE will determine if companies are selling registration data to political parties and candidates and if the data was used to send messages to voters.

According to Bechara, the practice violates both the General Data Protection Law (LGPD), which came into force last month, and electoral legislation. In December 2019, the Superior Electoral Court (TSE) began to sanction the massive sending of WhatsApp messages in campaigns.

The prosecutor says that, in addition to initiating the investigation, the MPE will advise the parties not to contract this type of service, which is irregular.

“The MP recommended the parties to be careful with companies that sell this type of service, such as a registration package,” said Bechara, who is placing an order.

In addition to companies, political parties or candidates who use voter registration data to shoot may face penalties, according to the MPE.

Violation of the General Data Protection Law

Prosecutors are also finding out whether the companies used stored voter data without consent and thus would have violated the General Data Protection Law (LGPD), which came into effect on September 18.

The Law seeks to guarantee the rights of citizens and consumers regarding the processing of personal data. For companies, enforcing the law means adapting to a series of new rules, but it also creates more legal certainty.

The regulation still depends on the ANPD (National Data Protection Authority), which must guide companies on technical protection measures. The fine can only reach 2% of the company’s income or a maximum of R $ 50 million.

Although the General Data Protection Law entered into force, the sanctions are suspended until August 2021, a period given for companies to adapt to the new regulations.

Rules for Containing Fake News in Elections

Since last year, the Superior Electoral Court (TSE) has begun to sanction the massive sending of WhatsApp messages in electoral campaigns.

The resolution, published in December 2019, regulated electoral advertising on the internet and imposed a penalty of imprisonment or a fine on anyone who disseminated false news.

The rule establishes that the party or politician has the obligation to confirm the veracity of the information it uses, even that produced by third parties.

If you use false data, you must guarantee the aforementioned right of reply and may also face criminal penalties. The resolution provides a prison sentence or a fine for those who divulge false information or promote slander.

In late September, the TSE launched a partnership with Facebook, Instagram and WhatsApp to combat misinformation during this year’s municipal elections.

Among the available tools, there is a specific communication channel with the TSE to report accounts suspected of taking massive messages through WhatsApp. Complaints can be made through the TSE website.