Sep 29, 2020
On September 21, the first lawsuit was filed, based on the new General Data Protection Regulation – Law No. 13.709/2018 (“LGPD”, its acronym in Portuguese). It is a Public Civil Suit (“ACP”, in Portuguese) that was distributed to the 5th Civil Court of Brasilia, under the number ACP 0730600-90.2020.8.07.0001 and can be accessed through the link.
The ACP, proposed by the Public Prosecutor’s Office of the Federal District and Territories (“MPDFT”) and filed against Infortexto Ltda., requires the defendant to delete the personal data it considers to have been processed in an irregular manner, pursuant to art. 44 of the LGPD. Once verified that the site entitled “Digital Reminder”, which used the domain lojainfortexto.com.br, is under maintenance, the complaint was rejected by Judge Wagner Pessoa Vieira for lack of interest in the claim. The rejection is justified in the magistrate’s view because he said that the maintenance probably only stems from an attempt by the owners of the site to adapt to the recent legislation, which came into force on September 18, 2020.
In a petition filed in ACP records on September 22, the MPDFT claimed that the mere act of putting the site into maintenance does not remove the usefulness of the proceeding. The plaintiff demonstrated in her statement that the defendant’s website was still selling personal data on the afternoon of the judgment rejecting the complaint, leaving the database intact and ready to be made available again. The case files were forwarded to the responsible judge for a decision on the morning of Wednesday, September 23.