Intimate images extracted from a stolen phone in Brazil
Intimate content from a stolen or lost phone has appeared online. The theft of the device is a separate criminal act from the distribution, and the chain of custody between the two may identify additional perpetrators.
BR
jurisdiction
Lei
primary statute
48 hr
TAKE IT DOWN Act window
Regulator power
enforcement route
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
Phone theft rings frequently extract personal content from devices before resetting them for resale. Specialized buyers exist for content extracted from devices belonging to specific demographics.
Stolen phones are typically reset within 72 hours of theft, which destroys most local evidence. The distribution online may occur weeks later through buyers in the secondary market.
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
- The police report for the original phone theft
- The phone's IMEI, serial number, and the carrier records of the last known location
- Any iCloud or Google account access logs from the device's accounts after the theft date
- Full page screenshot of every URL where the content appears
Do not: Do not authorize a remote wipe of the stolen device until the carrier and law enforcement have logged the device's location data. The wipe may erase evidence about subsequent locations and account access.
Five step removal process
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1
Preserve all evidence first
The police report for the original phone theft. The phone's IMEI, serial number, and the carrier records of the last known location.
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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
- 18 USC 2261A federal cyberstalking if the distribution included identifying information
- State theft and computer trespass statutes for the original device compromise
Frequently asked questions
Is stolen phone images 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 stolen phone images preserve?
The police report for the original phone theft. The phone's IMEI, serial number, and the carrier records of the last known location. Any iCloud or Google account access logs from the device's accounts after the theft date. Full page screenshot of every URL where the content appears.
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 stolen phone images?
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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