Hidden camera or voyeur recording posted online in Brazil
A recording captured without your knowledge through a hidden camera has appeared online. This is criminal recording in nearly every jurisdiction in addition to being NCII for distribution purposes.
BR
jurisdiction
Lei
primary statute
48 hr
TAKE IT DOWN Act window
Regulator power
enforcement route
If you are in immediate danger
Hidden camera recordings are evidence of an active crime. File a police report before, or in parallel with, removal notices. Law enforcement can preserve evidence at the recording location that may be lost if the property is altered.
Tl;dr
In Brazil, this conduct is prosecuted under Lei nº 13.718/2018 plus Marco Civil article 21. The civil erasure route runs through LGPD (Lei nº 13.709/2018) right to deletion under article 18 and ANPD. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Hidden camera content is captured in private settings such as bathrooms, bedrooms, locker rooms, hotel rooms, and short term rentals. The capture itself is criminal under voyeurism statutes.
Hidden camera recordings are frequently sold or traded in private NCII communities before reaching public platforms. By the time it surfaces publicly, multiple copies exist across distribution networks.
Legal framework in Brazil
Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.
Brazil pairs the 2018 criminal reform with the unique Marco Civil article 21, which makes platforms directly liable in damages for failure to remove non consensual intimate content following notification. This is one of the few legal frameworks in the world to impose direct platform damages liability for inaction.
Evidence to preserve
- Full page screenshot of every URL where the content appears
- Any indication of the location where the recording was made
- The dates the recording could have been made, narrowing the suspect list
- Any contact you may have had with the suspected location operator or owner
Do not: Do not return to the suspected recording location until law enforcement has investigated. Returning may compromise the chain of evidence for the original recording.
Five step removal process
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1
Preserve all evidence first
Full page screenshot of every URL where the content appears. Any indication of the location where the recording was made.
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2
File the Lei nº 13.718/2018 plus Marco Civil article 21 criminal complaint
Report to local police or the national cybercrime unit. SaferNet Brasil can assist.
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3
Submit an erasure request under LGPD (Lei nº 13.709/2018) right to deletion under article 18
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. ANPD accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21
- LGPD (Lei nº 13.709/2018) right to deletion under article 18
- US TAKE IT DOWN Act for any covered platform
- State voyeurism statutes which carry criminal penalties separate from NCII
- Civil claims against the property owner if the recording occurred in a hotel, rental, or commercial venue with a duty of privacy
Frequently asked questions
Is hidden camera footage a crime in Brazil?
Yes. Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21 criminalises this conduct. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.
What evidence should a Brazil victim of hidden camera footage preserve?
Full page screenshot of every URL where the content appears. Any indication of the location where the recording was made. The dates the recording could have been made, narrowing the suspect list. Any contact you may have had with the suspected location operator or owner.
Does LGPD (Lei nº 13.709/2018) right to deletion under article 18 apply to this scenario?
Yes. LGPD (Lei nº 13.709/2018) right to deletion under article 18 gives the victim a direct erasure right against any platform processing the imagery. ANPD enforces non compliance.
What support is available in Brazil for hidden camera footage?
SaferNet Brasil provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://new.safernet.org.br.
Can a Brazil victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Lei nº 13.718/2018 plus Marco Civil article 21 and LGPD (Lei nº 13.709/2018) right to deletion under article 18.
Remove every copy now
One scan. Coordinated removal under Lei nº 13.718/2018 plus Marco Civil article 21, LGPD (Lei nº 13.709/2018) right to deletion under article 18, and the TAKE IT DOWN Act.
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