Why Snapchat content spreads quickly

Snaps and Stories self destruct, which gives the false impression of ephemerality. Recipients can screen record before content expires, and these recordings are then distributed elsewhere as if the original was permanent.

Brazil legal framework

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.

The civil erasure right under LGPD (Lei nº 13.709/2018) right to deletion under article 18 is enforceable against Snapchat regardless of where Snapchat processes the data, where the data subject is in Brazil.

Snapchat removal route

Snapchat accepts NCII reports through its in app reporting flow. The Spotlight and Public Profile reporting categories are processed faster than Story or Snap report categories.

Snap Inc is a covered platform under 47 USC 223a. The platform's age skew toward minors means NCMEC and FBI involvement for any underage related case substantially accelerates platform response.

Evidence preservation specific to Snapchat

Snap content is ephemeral, so capture immediately. Snapchat retains server side copies and metadata for 30 days which supports law enforcement subpoenas through the Snapchat Law Enforcement Operations team.

Five step removal process

  1. 1

    Capture evidence from Snapchat

    Snap content is ephemeral, so capture immediately. Snapchat retains server side copies and metadata for 30 days which supports law enforcement subpoenas through the Snapchat Law Enforcement Operations team.

  2. 2

    File Lei nº 13.718/2018 plus Marco Civil article 21 criminal complaint

    Report to local police or national cybercrime unit. SaferNet Brasil can assist.

  3. 3

    Submit LGPD (Lei nº 13.709/2018) right to deletion under article 18 erasure request to Snapchat

    Snapchat accepts NCII reports through its in app reporting flow. The Spotlight and Public Profile reporting categories are processed faster than Story or Snap report categories. The request must identify the URLs and cite the legal basis. ANPD accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every other hosting location

    Content rarely stays on one platform. ScanErase identifies every current location in a single scan including mirrored copies and AI generated variants of the same image.

  5. 5

    Dispatch parallel TAKE IT DOWN Act notice to Snapchat

    Snapchat is a covered platform with a 48 hour federal removal obligation. ScanErase files the notice within 5 minutes of authorisation.

Frequently asked questions

Can Snapchat be required to remove intimate images of a Brazil resident?

Yes. LGPD (Lei nº 13.709/2018) right to deletion under article 18 gives any data subject in Brazil the right to require erasure. Snapchat operates a dedicated NCII removal portal that processes these requests. Where Snapchat is also subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour federal obligation.

What is the criminal exposure of the person who posted to Snapchat from 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.

How does Snapchat verify a Brazil erasure request?

Snapchat accepts NCII reports through its in app reporting flow. The Spotlight and Public Profile reporting categories are processed faster than Story or Snap report categories. ANPD can be petitioned if Snapchat fails to act within the statutory window.

Can the Brazil regulator force Snapchat to remove content?

Marco Civil article 21 imposes secondary liability on internet application providers that fail to remove intimate content disseminated without consent following a notice from the affected party.

What evidence should I capture from Snapchat?

Snap content is ephemeral, so capture immediately. Snapchat retains server side copies and metadata for 30 days which supports law enforcement subpoenas through the Snapchat Law Enforcement Operations team.

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