In July 2021, Brazil had 246.8 million mobile accesses, according to data from the National Telecommunications Agency (Anatel). The number exceeds the estimated population, according to the Brazilian Institute of Geography and Statistics (IBGE), which at the beginning of November was 213.8 million people.
Although this does not mean the universalization of the device, since there are people with more than one access (or chip, as it is popularly known) and others without any, the number highlights the importance of cell phones in the lives of Brazilians. But and when this disappears, either due to theft or loss, what to do?
Agência Brasil gives some guidelines and advice in these situations. The first step is to block the equipment, which prevents both the connections and the data packet from working. This procedure must be performed directly on the operator.
To request the block, it is necessary to provide the number. If the person knows it, they must also report a unique machine identification number called Imei, which can be found on the invoice, on the battery, or on the screen by typing * # 06 #. If you recover your device, you can also unlock it with your carrier.
Blocking cannot prevent access to applications and functionality that can be performed over the Internet through other networks, such as a connection via Wi-Fi from somewhere.
Thus, access to the data by third parties (whether the perpetrators of the theft or people who find the device) can occur if protection measures are not taken, such as the definition of passwords and access conditions (through biometrics, for example) either device and specific applications.
Raquel Saraiva, a lawyer specializing in technology and president of the Recife Legal and Technological Research Institute (IPRec), says that biometrics can be an important protection mechanism, but, on the other hand, it must be looked at carefully.
“On the other hand, there is a risk of handing over sensitive data to a company without transparency into how it uses and stores that data. It is worth investigating the company's policies in this regard, to find out how it handles this data and what is the level of security in relation to it, ”suggests Raquel.
In programs that have two-step verification, this type of mechanism is important to make it difficult for third parties to access the data of the original owner of the smartphone.
Another necessary step is to change passwords and PINs to make it more difficult for third parties to access. Some operating systems have features that allow you to find your device, lock it, or even wipe it. For this, it is important to consult the support of the company responsible for the operating system to find out how to proceed in these cases.
The senior security analyst of the Kaspersky company, Fabio Assolini, recommends that if a person has conditions, they should separate a device for bank transactions, in order to avoid that in case of loss or robbery, third parties may make withdrawals, transfers or payments with or application of the financial institution.
“Another simple and effective measure to prevent them from accessing the available accounts is not to leave the passwords written down. The laptop is the first place cybercriminals check when a device is stolen or stolen. In addition, if the person has security solutions on the equipment, they can remotely wipe their personal information contained in the stolen or stolen device, preventing their bank accounts from being invaded, ”adds Assolini.
The recommendation of an expert is to file the police report at a police station. There are states in which the Civil Police provide channels for filing police complaints online, which streamlines the process. In cases where this is not possible, it is important to go to a police station to record the theft or loss, a document that indicates the absence of the device in case of illegal actions carried out with it.
The director of Digital Rights and Compliance at the consultancy Russell Bedford Brazil, Amanda Fraga, recalls that in many places there are police stations dedicated to cybercrime, which can be called if there is improper or other illegal access to the device and the person . data victim of theft or loss of equipment.
“If the person realizes that their information is being used by criminals, there is the possibility of making complaints in police stations specializing in digital crimes, such as civil police units specialized in cybercrime. Not all cities have these units, but the procedure is recommended whenever possible.
Law No. 12,737 of 2012, which became popularly known as the "Carolina Dieckman Law" (due to improper disclosure of the actress's content) regulates computer crimes and includes the crime of invasion of a computer device in the Penal Code , punishable by three months to one year in detention, plus a fine.
This crime is defined as "invading another's computer device, connected or not to the computer network, through the improper violation of a security mechanism and with the purpose of obtaining, altering or destroying data or information without the express authorization or unspoken from the device holder or installing vulnerabilities to gain an illicit advantage”.
Amanda Fraga warns that in the case of bank or credit card transactions, it is important to challenge the financial institution, observing the rules of each card operator or bank.
“Usually by presenting the police report and proving that information was stolen, the bank does its own internal investigations and is able to identify if it was an improper purchase and reverse it, even block it. But if the bank or the brand does not agree to make the return, the person can go to court, explaining that it was an improper purchase, ”he explains.
The director of the Brazilian Data Privacy Research Association, Rafael Zanatta, recalls that if a third party uses the data to open an account in the user's name or perform any action or transaction through it, they will incur the crime of false identity, defined. such as "assigning or attributing a false identity to a third party to obtain an advantage, for one's own benefit or that of others, or to cause harm to others", as well as the uses of identity documents.
Liability, in cases of data use by third parties, has given rise to legal decisions. In a lawsuit with a judgment handed down this month, the plaintiffs obtained a favorable decision against Facebook to be compensated by the platform, alleging that it did not protect the mother from a scam on Whatsapp (an application controlled by Facebook). The lady ended up spending a sum of money, thinking it was her son, but he was a fake.
Text translated using artificial intelligence.