MP from Bahia sues telephone operators for improper data sharing

Deepak Gupta January 20, 2022
Updated 2022/01/20 at 2:08 PM

The main telephone operators Vivo, Tim, Oi and Claro were called by the Public Ministry of the State of Bahia. According to the MP, companies would be improperly sharing personal data of users of telecommunications services. According to prosecutor Joseane Suzart, the information collected proves “data leaks” from users by operators.

The data is used by third parties to make “incessant and inopportune” phone calls, she says. It would also have contributed to the occurrence of fraud and violation of consumer privacy.

Now, the prosecutor has requested the granting of an injunction that obliges operators to obtain express and clear consent from the holder for the processing and transfer of data. This is in accordance with art. 7, item I, of the General Law for the Protection of Personal Data (LGPD). In addition, Suzart chose another series of measures that companies must take from now on, such as care with the personal data of users of the services contracted so that they are not improperly disseminated, generating constant phone calls that are neither authorized nor objectified by them; the abstention, on the part of the operators, of improperly making the personal data of consumers available to third parties, so as not to give opportunity to fraud and unauthorized hiring; and the failure to carry out repeated, disturbing and insistent calls for individuals, whether or not they are contracting their products and/or services, especially those who have already stated that they do not have any contracting objective.

Operators’ response

In a note, Conexis Brasil Digital, representative of the companies, states that they follow security standards and seek to guide users to avoid data leakage.

Telecommunications providers are committed to the highest standards of information security and data privacy, constantly monitoring their systems and technical, operational, legal and regulatory requirements associated with data management. As part of the company’s security procedures, the telecommunications, financial, internet, commerce and retail sectors launched, in 2020, the #StaySmart campaign, with tips and information for the population about the importance of adopting care with the safety of personal data. More information about the campaign can be accessed at https://fe.seg.br/“.

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Via: Public Ministry of the State of Bahia Source: telesynthesis

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