Superior Court of Justice (STJ) orders Google to open the email of a person under investigation for crimes.

Sabrina Craide
Reporter from Agência Brasil
Brasilia - The Special Court of the Superior Court of Justice (STJ) has ordered Google Brazil to comply with a court order to break the confidentiality of communications on its email service, Gmail, in communications made by an individual under investigation for crimes of forming a criminal organization, passive and active corruption, bid rigging, money laundering, influence peddling, and administrative misconduct.

According to the Superior Court of Justice (STJ), the company has ten days to comply with the decision. If the breach of confidentiality is not complied with, it may be subject to a daily fine of R$ 50.

According to Minister Laurita Vaz, rapporteur of the inquiry, with the lifting of confidentiality, there is a reasonable expectation of obtaining important evidence from the communication established by email messages between the investigated parties. According to her, the delay in complying with the court order represents an unacceptable obstacle to the proper conduct of the investigations.

In its defense, Google stated that it will not be possible to comply with the order to break the confidentiality of communications because the data in question is stored in the United States and, therefore, is subject to the legislation of that country, which considers its disclosure illegal.

However, the company indicated that diplomatic channels would be the way to obtain this information.

In her vote, Minister Laurita Vaz stated that the fact that the data is stored anywhere else in the world does not transform it into foreign evidence requiring the use of diplomatic channels for its transfer. The rapporteur further emphasized that Google Brazil was established in accordance with Brazilian law and must abide by the country's legislation, and cannot invoke American law to evade compliance with a court order.

"It is unacceptable for a company to establish itself in the country, exploit the lucrative service of exchanging messages via the internet – which is perfectly legal – but then evade compliance with local laws," the minister declared.

Google in Brazil, through its press office, has not yet commented on the STJ's decision.