Sentence determines that company does not make personal data available on the internet
Sentence of the 17th Civil Court of Brasília upheld the request made by the Public Ministry of the Federal District, prohibiting the requested company from making available, free of charge or onerous, personal data of Brazilians on the internet, under penalty of a fine for each operation in the amount of R $ 5,000, 00. The specific case was a Public Civil Action based on the identification of alleged commercialization of databases and registrations in general on a sales portal on the Internet, supported by the argument that such practice violates the privacy of the people whose data are commercialized.
The decision was based on the protection of personal data and privacy conferred by the Marco Civil da Internet and the Federal Constitution; doctrinal positions reinforcing the importance of trust between related parties in online transactions; understanding of the STF in ADI 6,387 recognizing the right to data protection as an autonomous fundamental right; and in LGPD devices related to the purpose principle, treatment hypotheses, the need to obtain consent to share data with other controllers and characterization of treatment irregularity.
Attention is drawn to the confrontation given by the sentence to the argument deduced in the defense of the requested company, according to which the LGPD’s non-retroactivity to the specific case would imply the dismissal of the request made by the MP-DF. This is because the first degree decision considered the aforementioned grounds as evidence that “data confidentiality has constitutional status, therefore, it has protection guaranteed even before the advent of Law No. 13,709 / 2018”.
In this sense, it is the interpretation conferred by the sentence to article 63 of the LGPD on the regulation by the ANPD of the progressive adaptation of databases constituted up to the date of the effective date of the legal rule. For the magistrate, article 63 of the LGPD “reveals that it does have the power to produce effects to situations constituted before its advent”, so that “the violation of the right to privacy of thousands of Brazilians is recognized” was judged by its origin of the MP-DF request.
Wilson Sales Belchior