São Paulo subway becomes target of legal action over use of users' images
By: Leonardo Neri On March 3, 2022, a public civil action was filed against the São Paulo Metro, which aims to prohibit the collection and registration of users’ faces without consent. Currently, around 4 million faces have been registered daily without the authorization of data subjects. The transportation company […]
List of Countries at Risk to the Financial System
By: André Jerusalmy The CVM (Brazilian Securities and Exchange Commission) released at the beginning of November the CVM Report 04/21: GAFI/FATF Communication, which provides for the Financial Action Task Force against Money Laundering and the Financing of Terrorism (informal international grouping), in which the autarchy deals with the countries and jurisdictions that must be monitored in a […]
CVM presents results of actions developed in partnership with B3
By: André Jerusalmy The Brazilian Securities and Exchange Commission (“CVM”) and B3 began, in 2021, cooperation agreement activities for the supervision of public offerings of securities distributed with restricted efforts, which occur according to the rules of CVM Instruction 476. This agreement, which was signed in December 2020 and has a duration of […]
Bacen systematizes rules for authorization of Operation of Financial Institutions
By: André Jerusalmy As of July 1, 2022, CMN Resolution No. 4,970 (“Resolution 4970˜) will come into effect, making the system for granting the necessary authorizations for the operation of financial institutions more dynamic. In short, the aforementioned resolution seeks to simplify or make the authorization process more rigorous, depending on […]
STF defines the limits of res judicata in tax matters
The Brazilian Supreme Court (STF) has scheduled a ruling on the limits of res judicata in tax matters for tomorrow (12/15). This is one of the most relevant topics in the tax field and, depending on the decision made by the Court, it could have very significant – and even billion-dollar – impacts on taxpayers. Under the terms of the paradigm process, […]
Ministry of Justice and Public Security publishes ordinance on rules and processing of personal data
By: Leonardo Neri According to the National Institute for Data Protection on LinkedIn, the ordinance regarding the general policy and regulation of data protection was released, the main purpose of which is to disclose the formal rules for processing personal data, in accordance with current legislation. Ordinance MJSP No. 561 was made available on […]
Judgments of the Court of Justice of the State of São Paulo containing grounds in the LGPD
By: Leonardo Neri We have collected some court decisions from the Court of Justice of the State of São Paulo containing grounds in the LGPD. The following stand out: The 34th Private Law Chamber exempted Eletropaulo from compensating a customer for a data leak. The judge emphasized that the company was not at fault for the episode, which occurred due to the action of […]
Hackers invade the National Health System and the repercussion exposes the fragility of a society without proper information security
By: Leonardo Neri The Ministry of Health and ConecteSUS, an app that provides proof of vaccination against COVID-19, were cyber-invaded on December 10, 2021, affecting systems that report cases of the disease. The website’s downtime caused a crisis in much of the country. In Salvador, for example, passengers were unable to board […]
Guidance on the application of the LGPD by data processing agents in the electoral context
By: Leonardo Neri Formatted in 2021, the Guidance Guide on electoral issues was made available at the beginning of 2022 not only by coincidence, since it is an election year in the country and with the increase in access to information through virtual means, it is necessary for citizens to have transparency and […]
Fraud in payment slips does not generate liability for the bank due to lack of evidence that data was improperly used
By: Leonardo Neri At the end of 2021, a court ruling on fraudulent bills brought to light the issue of banks’ liability in these cases, which resulted in a series of criticisms on social media from people who did not agree with the decision that exempted a banking institution from liability. The judge of the 1st […]