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Brazilians use digital legal security to prevent spam on social networks

May 29, 2022

By: Leonardo Neri

Many users of social networks, such as WhatsApp, are unaware of how their personal data is accessed by companies, mainly in the construction and telephone sectors, which offer them real estate developments and annual usage plans, respectively.

The indelicate situations in which citizens are exposed gave rise to what is popularly known as the “LGPD wallet scam”, that is, consumers react to companies' constant attempts to connect them, through a response in the same tone, with the aim of neutralizing the companies' commercial eagerness to close deals.

Data subjects claim that organizations are aware that practices trump laws and are not taking regulations seriously.

Therefore, it is important to understand when this 'wallet-wielding' is welcome. Article 18 of the LGPD has the following narrative: “The data subject may at any time request the deletion of the personal data collected, even if the collection was made with consent”.

In practice, such conduct is valid, and does not depend on the participation of another institution to demand information about the collection of this data, let's see: “The General Personal Data Protection Law ends up empowering the user with several rights, such as the right to transparency. They have the right to understand why and how that data ended up within an organization.”

However, it is worth noting that although the holder has the right to know where the information comes from, the user cannot simply demand the removal of their information in certain cases, such as in debt collection and default.

The fact is that such an event is legitimate for breaking a cultural model that has been deeply rooted in Brazil for decades, and we are living in a time of transition towards a new awareness among Brazilian citizens about their rights in relation to the issue of privacy.

Source: https://www.uol.com.br/tilt/noticias/redacao/2022/04/18/brasileiros-usam-carteiraco-da-lgpd-para-dar-o-troco-em-vendedores-online.htm

With the collaboration of Pedro Sobolewski

If you have any questions about the topics covered in this publication, please contact any of the lawyers listed below or your usual Mazzucco&Mello contact.

Leonardo Neri

+55 11 3090-7303

leonardo.neri@br-mm.com

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