Brazil: SENACON fines Banco Cetelem BRL 4M for improper use of personal data of elderly consumers
The Brazilian Federal Department of Consumer Protection of the National Consumer Secretariat ('SENACON') announced, on 14 June 2021, that it had fined Banco Cetelem S.A. BRL 4,000,000 (approx. €653,200) for financial fraud such as abusive offers and contracting of payroll loans with the improper use of personal data of elderly consumers. Moreover, SENACON highlighted that Banco Cetelem infringed provisions of the Law No. 8.078 of 11 September 1990, by not exercising its duty of vigilance and inspection of the activities carried out by its banking correspondents. In particular, SENACON's decision notes that Banco Cetelem did not prevent third parties they contracted from acting in an abusive manner, and consumers whose data were used for contacts were not informed of the opening of the database and registration, which led to the exploitation of retired elderly and National Institute of Social Security pensioners.