Brazil: TJDFT issues decision to suspend sale of personal data by Serasa Experian
The Court of Justice of the Federal Districts and Territories ('TJDFT') issued, on 23 November 2020, its decision to suspend the sale of consumer personal data by Serasa S.A. following a public civil action filed by the prosecution service of the Federal District and Territories ('MPDFT'). In particular, the TJDFT highlighted that Serasa Experian sold individuals' information such as names, addresses, identity numbers, phone numbers, location data, financial profile, as well as social class for advertising purposes. Specifically, the TJDFT further noted that in selling individuals' information, Serasa Experian violated 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'), as well as provisions of the Law No. 10.406 for the Civil Code of 2002, the Law No. 8.078 for the Consumer Protection Code of 1990, and Law No. 12.965 for the Civil Framework of the Internet of 2014. As such, the TJDFT requires the suspension of the sale of consumer information for advertising purposes, and fines Serasa Experian BRL 5,000 (approx. €780) for each event carried out in violation of the law.