The Public Ministry of Distrito Federal and Territories filed a civil action against an online marketplace for alleged violations of LGPD. The online marketplace was offering records from their database for commercial benefit. This directly violated the privacy of affected individuals. It was determined that it violated fundamental rights under the Brazilian Constitution let alone LGPD.
Under Brazilian Constitution the right to privacy is protected and it was established protection of personal data falls under this. This means data protection was ensured even before the introduction of LGPD.
The Public Prosecutor office filed an injunction to compel the marketplace to suspend the databased advertisements. A judge subsequently ordered them to abstain from making available personal data of Brazilians and imposed a fine.
The Defendant filed a Civil Appeal claiming the need to reform the sentence. They argued that the LGPD came into effect after the publication of the notice of the Public Civil Action and should not be used retroactively.
The Court of Appeal understood that data confidentiality has constitutional status. Data protection was a right that was ensured even before the LGPD. The Court understood that personal data is directly linked to right to privacy.
The Court denied the appeal and upheld the sentence unaltered. This meant the original fine of R$5,000.00 (USD 1,000.00) and the order to have the advertisement suspended was maintained.
Although data protection was linked to the fundamental rights of the Brazilian Constitution, the LGPD has made the rules stricter and the penalties tougher. You may feel that you were prepared because of this but mistakes can be costly to any organization. Allow Value Privacy to make sure your policies and practices are compliant, and we can also assess you and any partners you work with for any breaches that could occur. Contact us today to arrange a consultation.