<\/p>\n
Last Wednesday (March 3, 2021), Judge Thiago de Moraes Silva, from the 17th Civil Court of Bras\u00edlia upheld a public civil class action filed by the Public Prosecutor’s Office of the Federal District against a user of Mercado Livre that offered databases and registration in general through the platform.<\/p>\n
In October 2020, the advertising suspension had already been ordered, however, the sentence published this Wednesday determines that the defendant refrains from making available, for free or against payment, digitally or physically, personal data of Brazilians, under a fine of five thousand reais (R$\u00a05,000.00) for each operation.<\/p>\n
The user of Mercado Livre sustained, in his defense, the non\u2011retroactivity of the LGPD and the Judge pointed out that even though there are discussions about this matter between scholar article 63 of Brazilian General Data protection Law (\u201cLGPD<\/u>\u201d) deals specifically with the need to adapt databases created until the data of effectiveness of the LGPD, considering the complexity of the processing operation and the nature of the data, which shows that it does have the power to produce effects to situations constituted before its entry into force.<\/p>\n
Furthermore, as highlighted in the Judge\u2019s decision, \u201cin a recent judgment, the Supreme Court recognized the right to data protection as an autonomous fundamental right, in the light of article 5, XII of the Federal Constitution, which shows that the confidentiality of data has constitutional status, so its protection is guaranteed even before the entry into force of LGPD\u201d.[1]<\/a><\/p>\n The judge also points out that even though the Internet represents a fundamental change in human relations, as it provides several advantages and facilities, it must be used safely, this means it is essential for the users to have confidence in the virtual environment, especially regarding to the safety of their information.<\/p>\n The judge\u2019s decision was made based on the provisions provided in the Brazilian Constitution, the Brazilian Civil Rights Framework for the Internet and the LGPD and presents itself as another step towards strengthening privacy and data protection in Brazil.<\/p>\n The massive commercialization of Brazilian’s personal data through the Mercado Livre platform was identified by the Federal District’s Special Unit for Data Protection and Artificial Intelligence, which has been leading various initiatives related to the identification of violations to the LGPD.<\/p>\n This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from Kestener & Vieira Advogados concerning the matters herein addressed. Copyrights are reserved to Kestener & Vieira Advogados<\/em>.<\/p>\n [1]<\/a> For more information on the Supreme Court\u2019s Decision access \u201cThe Impacto f COVID-19 for Data Protection in Brazil: The perspective of Brazil\u2019s Supreme Court\u201d at https:\/\/habeasdata.kgvlaw.com.br\/en\/english-the-impact-of-covid-19-for-data-protection-in-brazil-the-perspective-of-brazils-supreme-court\/<\/a><\/p>\n <\/p>","protected":false},"excerpt":{"rendered":" Last Wednesday (March 3, 2021), Judge Thiago de Moraes Silva, from the 17th Civil Court of Bras\u00edlia upheld a public civil class action filed by the Public Prosecutor’s Office of the Federal District against a user of Mercado Livre that offered databases and registration in general through the platform. In…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[2],"tags":[],"class_list":["post-267","post","type-post","status-publish","format-standard","hentry","category-direito"],"_links":{"self":[{"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/posts\/267","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/comments?post=267"}],"version-history":[{"count":3,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/posts\/267\/revisions"}],"predecessor-version":[{"id":311,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/posts\/267\/revisions\/311"}],"wp:attachment":[{"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/media?parent=267"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/categories?post=267"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/habeasdata.kvlaw.com.br\/en\/wp-json\/wp\/v2\/tags?post=267"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}