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In order to verify that the processing of personal data violates fundamental rights and rules of the General Date Protection Law, the Federal Prosecutor (MPF) filed a civil inquiry into the subject last week.
MPF suspects that pharmacies violate rights When requiring customer CPF. Photo: Reproduction
The MPF wants to determine the misuse of data by pharmacy networks. The objective of the investigation is to analyze possible illegalities in the practice of these companies, which collect personal data, especially the CPF, on the grounds of offering discounts.
The calculation is being conducted by the Regional Attorney’s Office for Citizen Rights in Rio de Janeiro (PRDC) and aims to verify that this practice constitutes a violation of the General Data Protection Law (LGPD) and the Consumer Protection Code (CDC).
The MPF began the calculation from reports of the UOL website, which denounced the use of the CPF to feed a database with a history of purchases from the last 15 years, with the suspicion of commercialization of this information.
The investigation aims to clarify whether the CPF requirement for discounts configures abusive practice and if there is explicit consent to the use of data.
In addition to pharmacy networks, which collect and share data, there is a company that is responsible for managing loyalty programs for some of these networks.
In the inquiry, the MPF is evaluating if personal data collected, such as purchase records, can reveal sensitive details, including health and sexuality related aspects.
The indiscriminate use of this information can result in discrimination and targeted advertising, based on the history of purchases. The inquiry will also analyze compliance with the LGPD.
The MPF has already requested information from the National Data Protection Authority (ANPD) on Inspection Process No. 00261.001371/2023-32. In addition, offices were sent to the Federal Council of Pharmacy (CFF) and the Ministry of Human Rights and Citizenship (MDHC) to verify the adopted measures on misuse of data.
The MPF is also analyzing if companies that use data for advertising are breaking art. 11, §4, of the LGPD, which prohibits the sharing of health sensitive personal data for economic advantage.
A meeting with ANPD, Anvisa, MDHC and CFF will be held to discuss the matter.
