Determined based on the LGPD the suspension of advertising of databases commercialization

Decision of the 17th Civil Court of Brasília in case nº 0733785-39.2020.8.07.0001, supported by the LGPD

Decision of the 17th Civil Court of Brasília in case nº 0733785-39.2020.8.07.0001, supported by the LGPD, determined that an advertiser should refrain from making personal data of any individuals available under penalty of a fine. In addition, the platform on which such content is broadcast must, according to the decision, suspend the announcement that based the requests made in the Public Civil Action, in addition to providing the registration data of the user responsible for the announcement.

The specific case refers to the Public Civil Action, with a request for emergency relief, proposed by the MP-DF to the detriment of an individual. The MP-DF informs that its Special Data Protection and Artificial Intelligence Unit identified “the massive commercialization of personal data by Brazilians” through an internet portal. Accordingly, he claimed that the advertiser “offers databases and registrations in general, for the amount of R $ 500.00”.

The magistrate understood that, in the factual situation, the requirements for granting urgent relief were present, without prior justification, because “the evidence collected in the case records reveals the commercialization of personal data of third parties by the defendant, that is, information related to identified or identifiable natural person ”.

In this sense, it was understood that in the specific case there would be a hypothesis of irregular treatment of personal data, due to “there is no evidence of agreement by the data subjects”, together with the violation of legal principles, such as, for example, “inviolability. data confidentiality ”and“ respect for privacy ”. Elements that, according to the decision, would make the “violation of the privacy of data subjects” “persistent”.

It should be mentioned that article 44 of the LGPD lists the cases in which the processing of personal data will be irregular, that is, when it does not comply with the legislation or does not provide the security that should reasonably be expected, considering the relevant circumstances, such as the which treatment is performed, the result and the risks expected from it, as well as the techniques available at the time it was performed.

Thus, the decision imposed the abstention of the individual regarding the availability, free or costly, digital or physical, of “personal data of any individuals”, under penalty of a fine for each operation and the determination for the company that owns the portal to suspend the advertisement and provide the user’s registration data. Subsequently, summons and subpoenas were issued to the advertiser and the company responsible for the website that publishes the ads, with the aim that these subjects offer a response within the period stipulated by civil procedural legislation.

Finally, it is worth remembering that in ACP nº 0730600-90.2020.8.07.0001, which was processed at the 5th Civil Court of Brasília, in September 2020 there was a decision to terminate the process without resolving the merits, due to the website, appointed by the MP-DF as responsible for the “massive commercialization of personal data of thousands of Brazilians”, being under maintenance at the time, not seeing, at the time, the judge, “no injury or threat of injury capable of justifying the claim for injunctive relief. deducted in the initial ”.

By: Wilson Sales Belchior