Earlier this month, the facial recognition system used by the São Paulo Metro was the subject of a public civil action filed by civil society organizations and public defenders. An injunction from the 6th Court of the São Paulo Public Treasury determined this Tuesday (22) that the São Paulo Metropolitan Company suspend the process of collecting facial biometric data. As it is provisional, the decision is subject to appeal.
According to the judge, the Metro “did not provide any information about the criteria, conditions, purposes of the implementation of the facial recognition system by the Defendant Companhia do Metropolitano de São Paulo” in the documents of the public notice for hiring the company responsible for the system, in the contract or in the inquiries made in the scope of the aforementioned bidding process.
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In addition, “Metrô, so far, has not provided accurate information about the storage of information and use of the personal recognition system. It claims that More often than not, however, the processing of personal data carried out at Metro stations will be linked to Public Safety and/or investigation and reprimand activities. However, nothing is formalized”, added the magistrate.
The sentence states that “the use of the system to serve public bodies, for now, is mere conjecture, a fact that, in itself, indicates the insecurity of the system that is intended to be implemented. There are a number of technical issues that require probation to be resolved. However, present the potential to achieve fundamental rights of citizens with the implementation of the system”.
According to G1Metro said in a note that so far it has not been notified of the decision, but, even so, “it reinforces that it will appeal and provide all clarifications to justice, since the new monitoring system strictly complies with the provisions of the General Law of Data Protection”.
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The plaintiffs who filed the lawsuit claim that the system to be implemented by the Metro does not meet the legal requirements set out in the LGPD, in the Consumer Protection Code, in the Public Service Users Code, in the Child and Adolescent Statute, in the Federal Constitution and in the international treaties to which Brazil is a signatory.
The project to implement the facial recognition system on lines 1-blue, 2-green and 3-red of the Metro has lasted since July 2019, the month of publication of the bidding notice in the Official State Gazette. With the proposal of R$ 58.6 million, the Engie Ineo Johnson consortium was the winner.
Last July, the first 91 cameras were installed at the Belém, Carrão and Guilhermina stations on Line 3-Red. In total, the installation of 5,800 cameras was planned at all metro stations.
