Consumer day in Brazil 2023: Find out some of the rights of the consumer

 Consumer day in Brazil 2023: Find out some of the rights of the consumer

The right to the protection of personal data is directly related to consumer rights

Today, March 15th, is Consumer Day in Brazil. This date was created to remember the rights that citizens have as consumers and to reinforce the importance of protecting them and demanding them when they feel aggrieved.

In this context, it is essential to highlight the relationship between consumer rights and the right to the protection of personal data.

A consumer right, as a data subject, is the protection of your personal data and the guarantee of your privacy. With the increasing use of technology in our lives, it is critical to ensure that our data is handled appropriately and securely. After all, this information can reveal very important details about us and must be protected.

Consumer law is a set of norms that protect the rights of people who purchase products or services. These standards aim to ensure that consumers have access to clear and accurate information about the products and services they are purchasing, in addition to ensuring that they are protected against abusive practices, such as misleading advertising, undue charges and defective products or services.

The right to the protection of personal data is a fundamental right that can be violated in consumer relations. Consumers' personal information must be treated appropriately, that is, it must be collected, stored and used only for the specific purposes for which it was collected, and must be protected against undue and unauthorized access.

Nowadays, with the increasing use of the internet and social networks, consumers are compelled to provide a large amount of information and personal data that are collected by companies. Therefore, it is essential that consumers know their rights in relation to the protection of their personal data.

Fortunately, Brazil has strong legislation in this regard: the General Law for the Protection of Personal Data (LGPD). It establishes clear rules on how companies and organizations should treat personal data, also allowing consumers to have control over their information.

In addition, consumer law also protects us from abusive practices by companies, such as selling counterfeit products or charging exorbitant fees.

The protection of personal data is important for citizens, for the country's economy and for society as a whole. The LGPD allows citizens greater control over their data and strengthens the exercise of freedom of expression, access to information and rights to privacy, honor and image.

Therefore, Consumer Day is a great opportunity for us to remember the importance of exercising our rights to protect our personal data and privacy. By being attentive and demanding our rights, we can contribute to a fairer and more responsible market.

ANPD and Senacon

The National Data Protection Authority (ANPD) and the National Consumer Secretariat, both bodies linked to the Ministry of Justice and Public Security (MJSP), have a Technical Cooperation Agreement (ACT) formalized in 2021 and intended for the protection of personal data of consumers. One of the objectives is to provide greater flexibility in the investigation of security incidents involving personal data.

Currently, the ACT is in the process of being renewed and provides for joint actions in the areas of personal data protection and consumer protection.

In addition, it includes the exchange of information, standardization of understanding, cooperation in inspection activities, promotion of educational actions, training and qualification of people and preparation of studies and research. In addition, an effective channel between the different bodies that receive complaints about data leaks encourages rapid action by the public authorities in protecting the rights of citizens.

Find out some of the rights of the consumer, as a holder of personal data, according to the LGPD:

You have the right to know for what purpose your personal data will be processed and to know the specific purpose for processing them;

Have free access to your personal data, easily and free of charge;

Being able to request corrections of personal data, if they are wrong or out of date and even demand that they be deleted, if necessary;

Not having your personal data used for discriminatory, illegal or abusive purposes; It is

Have security in the treatment of your personal data, so that they are not accessed by anyone who is not authorized to do so.

What to do in case of violation of rights? Who should I look for?

If your rights have been violated, gather all the evidence you have, such as emails, screenshots of messaging applications, newspaper reports, communication from the organization about the incident, among other evidence.

When it is a consumption relation, it is possible to register a complaint on the consumer.gov.br website and/or before consumer protection and defense authorities, such as Procons, Public Defenders, Public Prosecutors, etc.

Look for the company to solve your problem:

Have at hand as much information about your case;

Immediately look for the responsible company;

Report what happened;

Write down the service data (protocol number, instructions received, etc.);

Save forwarded messages and emails.

If you do not get a solution to your complaint, look for the competent authority to report the violation of your rights. With this direct contact with the company, it is possible that the data subject's requests are quickly answered.

  Get in touch with ANPD

If your request is not met by the responsible treatment agent, the one who holds your personal data, you can file a complaint directly with the ANPD, following the information available here.

After analysis, the ANPD may initiate an administrative inspection/sanctioning process against the organization, which may be punished, according to the sanctions provided for in the LGPD.

What if the disrespect for my rights happens in a consumer relationship?

Access the website consumer.gov.br.

You can initiate communication directly with the company through the consumer.gov.br platform, faster and without bureaucracy, without leaving your home.

The platform is a public service, totally free, maintained by the National Consumer Secretariat (Senacon), of the Ministry of Justice and Public Security (MJSP).

Knowing your rights is a way of protecting and exercising citizenship.

For this reason, the ANPD celebrates Consumer Day, as one of its priorities is to care for the personal data of all consumers in Brazil.

Find out more information about the LGPD and consumer rights by accessing the “How to protect your personal data” Guide.