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Brazil: Procon/MS initiates proceedings against Correios for LGPD violations

The Protection and Consumer Defence Foundation of the State of Mato Grosso do Sul ('Procon/MS') announced, on 31 March 2022, that it had investigated the Brazilian Post and Telegraph Company ('Correios') for violations of Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD'). In particular, Procon/MS noted some cookies' irregularities on the Correios' website were in breach of Article 6 of the LGPD, which provides for transparency and objectivity.

According to Procon/MS, on the Correios' website, several types of cookies were found for the most varied purposes, such as necessary cookies, security cookies, preference cookies, and marketing cookies. However, Procon/MS noted that the consent should be specific for each data processing purpose, so that the data subject, even if they do not agree with the storage of their personal data, can nevertheless use the website by accepting only the necessary cookies for the regular functioning of the page.

Finally, Procon/MS outlined that they had sent a notification to Correios in pursuit of explanations about the use of cookies and also to demonstrate the mandatory documents required by the LGPD, under penalty of an administrative fine.

You can read the press release, only available in Portuguese, here.

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