by: Leonardo Neri
Many users of social networks, such as WhatsApp, are unaware of how their personal data is accessed by companies, especially in the construction and telephone industries, which offer them real estate developments and annual usage plans, respectively.
The rude situations in which citizens are exposed have given rise to what is popularly known as the “LGPD wallet,” that is, consumers react to companies’ assiduous attempts to connect them by responding in the same tone in order to neutralize the companies’ commercial eagerness to close deals.
Data owners claim that organizations have a notion that practices overlap with laws and definitely do not take regulations seriously.
As such, it is important to understand at what point this ‘portfolio’ is welcome. Article 18 of the LGPD has the following narrative: “The data subject may at any time request the erasure of personal data collected, even if the collection was done with consent.”
In practice, such conduct is valid, not depending on the participation of another institution to demand information about the collection of this data, let’s see: “The General Law of Personal Data Protection ends up empowering the user with several rights, such as, for example, transparency. He has the right to understand why and how that data ended up within an organization.”
However, it is worth pointing out that although the holder has the right to know where the information comes from, the user cannot simply demand the removal of his information in certain cases, such as in credit collection and default.
The fact is that such an event is legitimate for breaking a cultural model that has been very deep-rooted in Brazil for decades, and we are living in a moment of transition to a new awareness of Brazilian citizens about their rights in relation to the issue of privacy.